Phillips v. Phillips
Court of Chancery of Delaware
Bill of Interpleader and for Instructions to Executors. Hannah R. Weldin by will dated April 7, 1906, and a codicil dated February, 1911, both probated shortly after her death, which occurred August 28, 1911, made the following gifts: “Twenty-third. I hereby give and bequeath for the benefit of Mt.
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Bill of Interpleader and for Instructions to Executors. Hannah R. Weldin by will dated April 7, 1906, and a codicil dated February, 1911, both probated shortly after her death, which occurred August 28, 1911, made the following gifts: “Twenty-third. I hereby give and bequeath for the benefit of Mt. Pleasant Methodist E. Church, near Bellevue, Del., the sum of one thous- and dollars, the money to be paid to the trustees of said church, to be invested in real estate, and the interest to be applied yearly toward the salary of the minister in charge, except five dollars of the interest, which I…
1Opinion of the Court
The Chancellor.
The question raised by the bill is whether the gifts to the church were prohibited by the statute of Delaware and so void. Here the legatee is a religious corporation incorporated under a statute applicable specially and solely to societies and congregations of Christians. The present statute controlling this case was passed in 1911, but the portion of it specially applicable here is part of the ancient statute enacted in 1787. It was part of the statute which regulated and controlled both the character and amount of property which churches could acquire and the purposes for…
2Cases cited1 opinion
- State v. ChucholaNew York Court of General Session of the Peace · 1922
3Cited by6 opinions
- Taylor v. CrossonCourt of Chancery of Delaware · 1916
- Billings v. DeputyIndiana Court of Appeals · 1925
- Tippett v. TippettCourt of Chancery of Delaware · 1939
- Hunter v. Greenwood Trust Co.New Jersey Superior Court Appellate Division · 1994
- Grant v. MullenCourt of Chancery of Delaware · 1926
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