Jones v. Webb
Court of Chancery of Delaware
Petition bob pabtition.—Israel D. Jones, in his last will and testament, probated December 24, 1834, devised as follows : “I do give and bequeath to my sister Elizabeth Jones and sister Sarah J. Webb all my real and personal estate whatsoever, share and share equal alike; but in case of death of either of them it is to go to their children.”
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Petition bob pabtition.—Israel D. Jones, in his last will and testament, probated December 24, 1834, devised as follows : “I do give and bequeath to my sister Elizabeth Jones and sister Sarah J. Webb all my real and personal estate whatsoever, share and share equal alike; but in case of death of either of them it is to go to their children.” The testator at the date of his will and at the time of his death was seised of an estate in fee simple of the lands mentioned in the petition. He left to survive him a widow, Margaret Jones, and two sisters and a brother, his only heirs at law, viz., the…
1Opinion of the Court
The Chanoellor.
The material question to be considered in determining the right of the petitioner to partition of the land described in the petition is, What estate did Elizabeth Jones take in said lands under the will of her brother, Israel D. Jones? Did she take a fee simple, or a life estate only therein ? To' determine this question, it is necessary to consider the effect of the words “ but in case of death of either of them it is to go to their children.”
Mr. Jarman says, in his treatise on Wills, vol. 2, 659 : “It has become an established rule that where the bequest is simply to A, and…
2Cases cited5 opinions
- Kingsland v. RapelyeNew York Court of Chancery · 1833
- Hughes v. HughesCourt of Appeals of Kentucky · 1851
- Estate of BiddleSupreme Court of Pennsylvania · 1857
- Karker's AppealSupreme Court of Pennsylvania · 1869
- Ash v. ColemanNew York Supreme Court · 1857
3Cited by7 opinions
- Wilmington Trust Co. v. HoulehanCourt of Chancery of Delaware · 1925
- Marvel v. Wilmington Trust Co.Court of Chancery of Delaware · 1913
- Boston Safe Deposit & Trust Co. v. NortheyMassachusetts Supreme Judicial Court · 1954
- Delaware Trust Co. v. ElliottCourt of Chancery of Delaware · 1929
- In Re Estate of AlexanderCalifornia Supreme Court · 1906
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