Legal Opinion

Gemmill v. Richardson

Court of Chancery of Delaware

Decided February 15, 1873PublishedCited by 4 opinions

This was a bill filed by the widow of David W. Gem-mill, deceased, to recover what is termed equitable dower out of the surplus proceeds of certain real estate, sold since his death under two mortgages in which the widow had joined. The gross proceeds of the mortgaged real estate were $16,500. The whole sum applicable to the mortgages was $9968,55, leaving a surplus of $6531,45. The widow’s claim was to have one-third of this sum invested for her benefit during her lifetime.

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This was a bill filed by the widow of David W. Gem-mill, deceased, to recover what is termed equitable dower out of the surplus proceeds of certain real estate, sold since his death under two mortgages in which the widow had joined. The gross proceeds of the mortgaged real estate were $16,500. The whole sum applicable to the mortgages was $9968,55, leaving a surplus of $6531,45. The widow’s claim was to have one-third of this sum invested for her benefit during her lifetime. The defense rests upon the ground that before this bill was filed and before any claim had been made by the complainant…

1Opinion of the Court

The Chancellor :—.This seems to be a case of first impression. No direct authorities are found upon the question raised. It must be decided in accordance v/ith the general principles which have controlled this Court in administering that peculiar class of interests- termed equities, as distinguished from legal estates or rights. For, although the contrary was earnestly argued, there can be no doubt that the widow’s interest in the surplus proceeds of sale was but an equity.

The questions involved are (ist,) whether this Court has the power to recall the surplus proceeds of sale which have been…

2Cited by4 opinions

  1. First National Bank v. AndrewsCourt of Chancery of Delaware · 1942
  2. In re Republic Engineering Co.Superior Court of Delaware · 1925
  3. In re WilliamsSuperior Court of Delaware · 1913
  4. In re ShellySuperior Court of Delaware · 1909

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