Hawke v. Lodge
Court of Chancery of Delaware
Bill for Construction of a Will. Joshua Pyle by his will directed his estate to be converted into money and made the following gift, among others: “To my daughter, Esther Ann Paynter, wife of Thomas Paynter, the sum of twelve hundred dollars, which sum I direct shall be invested by my executor, herein after named, the inter- «- est of which sum shall be paid annually to my daughter, Esther Ann Paynter, during her natural life, and at her decease, both principal and interest…
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Bill for Construction of a Will. Joshua Pyle by his will directed his estate to be converted into money and made the following gift, among others: “To my daughter, Esther Ann Paynter, wife of Thomas Paynter, the sum of twelve hundred dollars, which sum I direct shall be invested by my executor, herein after named, the inter- «- est of which sum shall be paid annually to my daughter, Esther Ann Paynter, during her natural life, and at her decease, both principal and interest (if any having accrued thereon) to be equally divided among her three children, or the survivors or survivor of them at…
1Opinion of the Court
The Chancellor:
It is to be determined in this case whether the words of survivorship in the will relate to the period of distribution, the death of the life tenant, or to the time when the three children severally attain their majority, as they all survived the testator. This question has never been directly decided in this State in any reported case, though it has been passed on by many cases in the courts of England and this country. In this State the courts have favored an early vesting of estates given in remainder, especially where the subject of the gift is real estate. Wright v.…
2Cases cited1 opinion
- Ridgely v. RidgelyCourt of Appeals of Maryland · 1905
3Cited by5 opinions
- Bird v. Wilmington Society of the Fine ArtsSupreme Court of Delaware · 1945
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Atlantic Coast Line Railroad Co. v. PopeSupreme Court of Georgia · 1952
- Industrial Trust Co. v. WilsonSupreme Court of Rhode Island · 1938
- Wilmington Trust Co. v. Wilmington Society of The Fine ArtsCourt of Chancery of Delaware · 1943