Getchell v. Rust
Court of Chancery of Delaware
Bill by Legatee to Establish a Charge on Lands.— The complainant was the widow of Thomas Rust, who had died in the month of September, 1890, seized and possessed of certain, lands and tenements in Sussex County, and who during his lifetime had duly made and published his last will and testament, which after his death was duly proved and allowed.
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Bill by Legatee to Establish a Charge on Lands.— The complainant was the widow of Thomas Rust, who had died in the month of September, 1890, seized and possessed of certain, lands and tenements in Sussex County, and who during his lifetime had duly made and published his last will and testament, which after his death was duly proved and allowed. In and by his will the tesator bequeathed to his wife, the complainant, a house and lot, “also $300 in good and lawful money of the United States of America” and certain other personal chattels, “provided she stands to or accepts my will. If not,…
1Opinion of the Court
The Chancellor:—
This is a bill filed by Cynthia P. Getchell, the complainant, formerly the wife of Thomas Rust, deceased, for the purpose of having a pecuniary legacy, which was bequeathed to her by him, declared a charge upon the lands devised in his last will and testament.
The prayers of the bill in addition to the usual ones for subpoena, answer and other relief, were as follows:
“Second. That an account may be taken of what is due for principal and interest on the said legacy less the sum which this complainant in equity will be obliged to contribute thereto as one of the devisees of real…
2Cases cited9 opinions
- Rambo v. RumerCourt of Chancery of Delaware · 1866
- Cornish v. WillsonCourt of Appeals of Maryland · 1848
- Maybury v. GradySupreme Court of Alabama · 1880
- White v. KauffmanCourt of Appeals of Maryland · 1886
- Hilford v. WayCourt of Chancery of Delaware · 1830
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re the Estate of SuttonOrphan's Court of Delaware · 1916
- Security Trust Co. v. CoolingCourt of Chancery of Delaware · 1945
- Ferris v. FerrisCourt of Chancery of Delaware · 1916
- Walters v. YoungCourt of Chancery of Delaware · 1921
- Rice v. RiceCourt of Chancery of Delaware · 1920
2 more not listed; retrieve them via the Exa API.