Marshall v. Rench
Court of Chancery of Delaware
Bill in equity for partition of lands under a DEVISE. — Aaron Marshall, by his will, dated July 13th, 1855, after providing for the payment of his debts and funeral charges, directed that his whole estate, real and personal, should be divided equally among eight of his children, excluding his son John P. Marshall, each child to be charged in the division with any advances in money, which he or she had received from the testator in his lifetime.
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Bill in equity for partition of lands under a DEVISE. — Aaron Marshall, by his will, dated July 13th, 1855, after providing for the payment of his debts and funeral charges, directed that his whole estate, real and personal, should be divided equally among eight of his children, excluding his son John P. Marshall, each child to be charged in the division with any advances in money, which he or she had received from the testator in his lifetime. The division of the estate of the testator is directed to be made “by five judicious and impartial “freeholders, of the county aforesaid, appointed by…
1Opinion of the Court
The Chancellor:—
The first question for our consideration is, the demurrer to the jurisdiction of the Court. The objection is, that the partition cannot be made as under the statute, because the statute is inapplicable; that neither does a bill lie for partition under the general jurisdiction of the Court, because the testator has, himself, provided a mode of partition which excludes that jurisdiction, and that the only proceeding is by petition to the Chancellor for the appointment of five freeholders ; that upon such petition the Chancellor will appoint the five freeholders, in whom will…
2Cases cited3 opinions
- Hawley & King v. JamesNew York Court of Chancery · 1835
- Lyon v. RichmondNew York Court of Chancery · 1816
- Arthur v. ArthurNew York Supreme Court · 1850
3Cited by15 opinions
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- Gilmore v. JenkinsSupreme Court of Iowa · 1906
- Kragnes v. KragnesSupreme Court of Minnesota · 1914
- Stoeckle v. RosenheimCourt of Chancery of Delaware · 1913
- Turpin v. TurpinSupreme Court of Missouri · 1885
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