Lockwood v. Stradley
Court of Chancery of Delaware
Bill for sale of real estate in execution of a trust.—This hill was filed under the following circumstances. Thomas Candy, deceased, by his last will and testament, dated May 15th, 1821, devised as follows :— “ Item—it is my will that my executors hereinafter named, and the survivor of them, do sell and dispose of all my real and personal estate, wheresoever and whatsoever, at such time or times as they,or the survivor of them, can do it to the best advantage, and either at…
Read the full summary
Bill for sale of real estate in execution of a trust.—This hill was filed under the following circumstances. Thomas Candy, deceased, by his last will and testament, dated May 15th, 1821, devised as follows :— “ Item—it is my will that my executors hereinafter named, and the survivor of them, do sell and dispose of all my real and personal estate, wheresoever and whatsoever, at such time or times as they,or the survivor of them, can do it to the best advantage, and either at public or private sale, as they or he may think best, in their or his discretion:—all moneys arising from such sales,as…
1Opinion of the Court
Bidgely, Chancellor.
This case has been submitted to the Chancellor upon the bill and answer,without debate, and without any authorities being produced to him on either side, and it seems to be apparent that all the parties in this suit consider it to be a matter of course that a’decree should be made for the sale of the real estate of the testator, to give effect to his will. One of the defendants, Sarah C. Brown, who is one of the heirs of the testator, is an infant; and that circumstance alone, according to the apparent disposition of the other defendants, who are also heirs and are of full…
2Cited by8 opinions
- Hilles v. HillesCourt of Chancery of Delaware · 1916
- In re Estate of JourneyCourt of Chancery of Delaware · 1892
- Wilmington Trust Co v. WorthCourt of Chancery of Delaware · 1933
- Esser v. ChimelCourt of Chancery of Delaware · 1943
- Brennan v. Wilmington Trust Co.Superior Court of Delaware · 1924
3 more not listed; retrieve them via the Exa API.