Brewer v. Curtis
Supreme Court of Delaware
Error to Superior Court, New Castle County, No. 1, June Term, 1919, and No. 83, November Term, 1918, in the court below, reported ante, 105 Atl. 420 Action of assumpsit by Minot Curtis Brewer against Walter C. Curtis, executor, for the recovery of a legacy. Submitted to the court on an agreed statement of facts. Judgment for plaintiff for amount conceded to be payable by the defendant. Plaintiff brings error. Judgment affirmed.
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Error to Superior Court, New Castle County, No. 1, June Term, 1919, and No. 83, November Term, 1918, in the court below, reported ante, 105 Atl. 420 Action of assumpsit by Minot Curtis Brewer against Walter C. Curtis, executor, for the recovery of a legacy. Submitted to the court on an agreed statement of facts. Judgment for plaintiff for amount conceded to be payable by the defendant. Plaintiff brings error. Judgment affirmed. Adaline H. Curtis, grandmother of the plaintiff in error and mother of the defendant in error, by her will dated August 13,1908, made the following bequests: “I give…
1Opinion of the CourtPennewill, C. J.
There is but one question that need be considered in this case, and that is: Did the testatrix by her will direct, within the meaning of the statute, that the legacy given to her daughter should not go to her grandson if the daughter died in the lifetime of the testatrix?
*506Other questions were raised and argued, but they serve only to confuse and becloud the real question.(1) The statute applies to the will of any testator dying after the approval of the act, and, therefore, the fact that the primary legatee died before the statute became a law cannot prevent its application. The statute is…
2Cited by9 opinions
- In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
- Royston v. WattsMissouri Court of Appeals · 1992
- Atchison v. HallCourt of Appeals for the D.C. Circuit · 1970
- Schapiro v. SolomonCalifornia Court of Appeal · 1961
- Stiegler v. HibbertCourt of Chancery of Delaware · 1929
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