Christy v. Sharpe
Court of Chancery of Delaware
Statement. The testator directed the payment of his debts, devised one parcel of land to the defendant, Carrie S. Sharpe, devised two others to a life tenant (now dead) with remainder to Daisy Edna Christy, made a few specific legacies of personal property, and gave “all the residue and remainder” of his property to Daisy Edna Christy above mentioned.
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Statement. The testator directed the payment of his debts, devised one parcel of land to the defendant, Carrie S. Sharpe, devised two others to a life tenant (now dead) with remainder to Daisy Edna Christy, made a few specific legacies of personal property, and gave “all the residue and remainder” of his property to Daisy Edna Christy above mentioned. His personal estate was appraised at $37.47. At his death he owned seven parcels of real estate, all acquired before the date of the will, and each incumbered by a mortgage made by the testator to secure a bond made by him. Of these seven…
1Opinion of the Court
The Chancellor.
The Orphans’ Court has jurisdiction of the whole subject-matter involved in this cause. It is given exclusive jurisdiction to order the sale of land of a decedent for the payment of his debts. Rambo v. Rumer, 4 Del. Ch. 9, 15. By statute each devisee could in that cause obtain exoneration of the land devised upon payment of such debts, or portion thereof, as the court should order, and could obtain contribution from the other devisee to equalize the burden of payment of the debts disproportionately. Revised Code of 1915, c. 99, §8, p. 1573. The Orphans’ Court may also adjust…
2Cases cited1 opinion
- Rambo v. RumerCourt of Chancery of Delaware · 1866
3Cited by2 opinions
- Equitable Trust Co. v. Delaware Trust Co.Court of Chancery of Delaware · 1947
- Knowles v. WilliamsCourt of Chancery of Delaware · 1954