Legal Opinion

Hildebrand v. Willig

New Jersey Court of Chancery

Decided January 12, 1903PublishedCited by 13 opinions

On bill for relief on final hearing. The bill in this case is filed by Mary E. Hildebrand, the widow of William P. Hildebrand, and his six children, some of whom are infants, against Anne Madeline Willig, the widow of Henry Willig, and- Clarence Henry Willig, the only child and heir-at-law of Henry Willig, and George Bundens, administrator, &c., of the personal property whereof Henry Willig died seized.

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On bill for relief on final hearing. The bill in this case is filed by Mary E. Hildebrand, the widow of William P. Hildebrand, and his six children, some of whom are infants, against Anne Madeline Willig, the widow of Henry Willig, and- Clarence Henry Willig, the only child and heir-at-law of Henry Willig, and George Bundens, administrator, &c., of the personal property whereof Henry Willig died seized. The hill shows that on January 28th, 1901, Hildebrand (then living), the husband of Mary E. Hildebrand and father of the rest of the complainants, was the owner of a lot of land, of sixty-five…

1Opinion of the Court

Grey, Y. C.

(orally).

The complainants base their case substantially upon two points—first, that there never was any delivery whatever of this deed to Willig, or to' anyone for him, by Hildebrand, the grantor, and secondly, that if there was a delivery, it was upon an express trust that Willig should reconvey to Mrs. Hildebrand, which was defeated by the accident that he died before it was carried into effect.

*254Thera is no question that there was such a deed executed, and its operation and effect, as appears on its face, would have been, upon delivery, to pass the title to Willig in fee-simple.…

2Cited by13 opinions

  1. Gluck v. Rynda Development Co.New Jersey Court of Chancery · 1926
  2. Bishop v. BishopCourt of Appeals for the Third Circuit · 1958
  3. Jones v. JonesSouth Dakota Supreme Court · 1906
  4. Blaine v. KrysowatyNew Jersey Court of Chancery · 1944
  5. Federal Reserve Bank of Phila. v. WelchNew Jersey Court of Chancery · 1937

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