University of Delaware v. Equitable Trust Co.

The Chancellor:

Are the legacies chargeable upon and payable out of the land? This is a question of intention. Morgan v. Morgan, et al., 14 Del. Ch. 171, 123 A. 185. An intention to charge real estate with the payment of pecuniary legacies may be gathered from the circumstances that after the bequest of such legacies, “the remainder if any” (Hilford, Adm’r., v. Way, et al., 1 Del. Ch. 342) or , “the balance of my estate, if there be any” (Rambo, Ex’r., v. Rumer, et al., 4 Del. Ch. 9) is given to residuary beneficiaries. Chancellor Bates in the last cited case appears to lay stress upon the…