Equitable Guarantee & Trust Co. v. Bowe
Court of Chancery of Delaware
Bill for Construction of a Will and Instructions to Trustee. The bill was filed by The Equitable Guarantee and Trust Company, trustee under the will of William Bowe, • deceased, for the construction of item thirteen of his will, and all the parties in interest that could be affected by the interpretation of the clause have been made parties and were represented by counsel. The item under consideration is as follows: “Thirteenth.
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Bill for Construction of a Will and Instructions to Trustee. The bill was filed by The Equitable Guarantee and Trust Company, trustee under the will of William Bowe, • deceased, for the construction of item thirteen of his will, and all the parties in interest that could be affected by the interpretation of the clause have been made parties and were represented by counsel. The item under consideration is as follows: “Thirteenth. To provide for some of my sons who have a greater number of children than the others, I give and bequeath to The Equitable Guarantee and Trust Company, the sum of -…
1Opinion of the Court
The Chancellor:
The question is whether Margaret Bowe had a vested or contingent legacy. If vested, it is now payable to her administrator; and if contingent it is payable to the executor of William Bowe for distribution among bis next of kin as intestate property, the residuary cláuse of the will of William Bowe having heretofore been declared to be invalid. On behalf of the administrator of Margaret Bowe it was urged that the legacy was vested, there being a direct gift, the time of payment only being postponed. 1 Jarmon on Wills, *760; Richardson v. Raughley, 1 Houst. 561; Conwell’s Adm’r. v.…
2Cases cited3 opinions
- Dougherty v. . ThompsonNew York Court of Appeals · 1901
- State v. JacksonSuperior Court of Delaware · 1879
- Frost v. McCaulleyCourt of Chancery of Delaware · 1894
3Cited by2 opinions
- Bird v. NewcombSupreme Court of Virginia · 1938
- In Re Will of MansurSupreme Court of Vermont · 1925