Van Dyke v. Johns
Court of Chancery of Delaware
Bill in equity, to enforce a trust of real estate.— The defendant, Kensey Johns, as the administrator of Nicholas Van Dyke, deceased, sold, in execution of an order of the Orphans’ Court of New Castle County, certain real estate of the decedent, for the payment of his debts.
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Bill in equity, to enforce a trust of real estate.— The defendant, Kensey Johns, as the administrator of Nicholas Van Dyke, deceased, sold, in execution of an order of the Orphans’ Court of New Castle County, certain real estate of the decedent, for the payment of his debts. The order for the sale was granted by the Orphans’ Court on the 21st July, 1789, upon the petition of the defendant as administrator, in the usual form, setting forth the insufficiency of the personal estate of the decedent to discharge his debts and praying an order for the sale of his real estate pursuant to the statute…
1Opinion of the Court
Kidgely, Chancellor.
Upon two grounds it is insisted that the defendant is a trustee for the complainants of the real estate held by him under the deed from G-eorge Monro, who was the purchaser at the sale made by the defendant as administrator of Nicholas Van Dyke, dec’d, viz : first, that there is an express trust; and, second, that a trust arises by implication of .law.
First. As to the express trust. That, it is supposed, is made out by the testimony of G-eorge Monro. This witness, after describing the lands and stating the time and place of the sale and the attendance of other persons,…
2Cited by7 opinions
- Wilmington Trust Co. v. CarrowCourt of Chancery of Delaware · 1924
- Eberhardt v. Christiana Window Glass Co.Court of Chancery of Delaware · 1911
- In re Real Estate of WheelerOrphan's Court of Delaware · 1917
- Gibson v. Trustees of Pencader Presbyterian ChurchCourt of Chancery of Delaware · 1939
- Shelby v. CreightonNebraska Supreme Court · 1902
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