Walker v. Caldwell
Court of Chancery of Delaware
Bill in Equity by Legatees against an Executor. The allegations of the bill, which was filed April 24, 1895, were as follows: Daniel Caldwell, late of Wilmington, died November 7, 1891, having first made his last will, which was duly proved and recorded in the office of the Register of Wills for New Castle County in Will Record N, Yol. 2, page 411. He speciically bequeathed to the complainants certain moneys theretofore deposited in several banks in the City of Boston,…
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Bill in Equity by Legatees against an Executor. The allegations of the bill, which was filed April 24, 1895, were as follows: Daniel Caldwell, late of Wilmington, died November 7, 1891, having first made his last will, which was duly proved and recorded in the office of the Register of Wills for New Castle County in Will Record N, Yol. 2, page 411. He speciically bequeathed to the complainants certain moneys theretofore deposited in several banks in the City of Boston, Mass., in these words: “Item. I give and bequeath unto my (2) two sisters Susan and Betsy, all of the interest of my money…
1Opinion of the Court
The Chancellor:—
The bill was filed by the legatees under the will of Daniel Caldwell, deceased, for the purpose of obtaining a decree of this Court, requiring Daniel Caldwell, executor of the said Daniel Caldwell, to pay over to them certain moneys which had been deposited in 1842 by the said testator in the Provident Institution for Savings, in the City of Boston, in the name of Daniel Caldwell, trustee for Richard Caldwell, which, with interest, amounted to $1666.76, when it came into the hands of Daniel Caldwell the said executor.
The respondent filed his demurrer to the bill, stating as…
2Cases cited7 opinions
- President v. PolkCourt of Chancery of Delaware · 1821
- St. James' Church v. WalkerCourt of Chancery of Delaware · 1825
- Giles v. LewisCourt of Chancery of Delaware · 1868
- Killen v. AdamsCourt of Chancery of Delaware · 1822
- Kirkwood v. MitchellCourt of Chancery of Delaware · 1821
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Glanding v. Industrial Trust Co.Supreme Court of Delaware · 1945
- Theisen v. HoeyCourt of Chancery of Delaware · 1947
- Delaware Trust Co. v. McCuneCourt of Chancery of Delaware · 1951
- Delaware Trust Co. v. McCuneCourt of Chancery of Delaware · 1951
- Schenck v. Salt Dome Oil Corp.Court of Chancery of Delaware · 1944
2 more not listed; retrieve them via the Exa API.