Lorton v. Woodward
Court of Chancery of Delaware
Bill for an accounting and for the payment of the PRINCIPAL AND INTEREST OF A TESTAMENTARY TRUST FUND.Nathaniel Snielson, late of New Castle County, in and by his last will, bearing date the first day of September, 1853, devised and bequeathed as follows : “ It is my will and desire that my executors, or the survivor of them, or the executors or administrators of such survivor, will pay semi-annually to Elizabeth C. Cornish, single or married, in her own right, all the…
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Bill for an accounting and for the payment of the PRINCIPAL AND INTEREST OF A TESTAMENTARY TRUST FUND.Nathaniel Snielson, late of New Castle County, in and by his last will, bearing date the first day of September, 1853, devised and bequeathed as follows : “ It is my will and desire that my executors, or the survivor of them, or the executors or administrators of such survivor, will pay semi-annually to Elizabeth C. Cornish, single or married, in her own right, all the interest arising from all moneys and stocks composing the general fund that may be in their hands, from time to time, during…
1Opinion of the Court
The Chancellor.
The bequest of the income arising from the fund, to Cornelia Lorton and her heirs forever, was the bequest of the corpus of the fund itself to her, which, not being paid to her in her'lifetime, the complainant, as her personal representative, is entitled to receive.
The devise of the income and profits of real estate to one and his heirs is held to be a devise of the land itself; and there can be no reason why the income arising from, personal estate devised to Cornelia Lorton and her heirs forever, at the death of Elizabeth C. Cornish, should not be held an absolute devise of…
2Cited by7 opinions
- Wilmington Trust Co. v. HoulehanCourt of Chancery of Delaware · 1925
- Maloney v. JohnsonCourt of Chancery of Delaware · 1939
- Houston v. HoustonCourt of Chancery of Delaware · 1922
- National Bank of Smyrna v. IrelandCourt of Chancery of Delaware · 1932
- Harman v. EastburnCourt of Chancery of Delaware · 1950
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