Leeds v. Sparks
Court of Chancery of Delaware
Bill for Specific Performance.—-The facts set forth "by the bill were as follows:— Elizabeth Bassett was in her lifetime seized in fee of a lot of land with a brick dwelling house thereon erected, in Wilmington, and being so seized, she made her will devising to her “executor hereinafter named, his heirs and assigns, all my property real and personal, intrust nevertheless to pay •over the net income thereof to my brother Mark S. Bassett, ■during the term of his natural…
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Bill for Specific Performance.—-The facts set forth "by the bill were as follows:— Elizabeth Bassett was in her lifetime seized in fee of a lot of land with a brick dwelling house thereon erected, in Wilmington, and being so seized, she made her will devising to her “executor hereinafter named, his heirs and assigns, all my property real and personal, intrust nevertheless to pay •over the net income thereof to my brother Mark S. Bassett, ■during the term of his natural life,—my said brother, if he ■so desires, to occupy my dwelling house No. 1213 Market ■street, Wilmington, as his residence.”…
1Opinion of the Court
The Chancellor
was of opinion that under the last will and testament of Elizabeth Bassett, deceased, the complainant was empowered to sell the lands and premises in the bill of complaint mentioned and described.
He also considered that the defendant is not bound to see to the application of the purchase money for said lands and premises, inasmuch as the trust was for the payment of debts generally and also of legacies.
And the complainant being so empowered to convey a good title in fee simple, and having the right and authority *284to convey, and being able to convey a clear and unincumbered title…
2Cited by4 opinions
- Tippett v. TippettCourt of Chancery of Delaware · 1939
- Hilles v. HillesCourt of Chancery of Delaware · 1916
- Delaware Trust Co. v. duPontCourt of Chancery of Delaware · 1937
- In re the Trusts under the Last Will & Testament of McCaulleyCourt of Chancery of Delaware · 1925