McCaulley v. McCaulley
Superior Court of Delaware
Appeal from the Orphans’ Court of New Castle county in the matter of the assignment of dower in the estate of William McCaulley, deceased. William McCaulley died on - or about the twenty-second day ' of September, 1883, leaving a last will and testament, which was duly admitted to probate by the Register of Wills for New Castle county. The testator devised a certain proportion of his estate, which largely consisted of realty, for the benefit of the respondent.
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Appeal from the Orphans’ Court of New Castle county in the matter of the assignment of dower in the estate of William McCaulley, deceased. William McCaulley died on - or about the twenty-second day ' of September, 1883, leaving a last will and testament, which was duly admitted to probate by the Register of Wills for New Castle county. The testator devised a certain proportion of his estate, which largely consisted of realty, for the benefit of the respondent. On the fifth day of January, 1884, the respondent made her election to take dower in the real estate of her said husband in lieu of…
1Opinion of the Court
COMEGYS, C. J. :
The first question to be settled is, as to the nature of the Orphans’ Court. The defence made in this case is not a legal one, but purely equitable—assuming it to be a defence to the widow’s petition. Of course, it is no defence at law, and a court of law would not notice it; but the counsel for the devisees not only claim it to be a good bar in equity, but also that the Orphans’ Court is a Court of Equity and can give effect to it. Both these contentions are opposed by the petitioner. The question of jurisdiction, being thus raised, must be first settled. If this court should…
2Cited by4 opinions
- First National Bank v. AndrewsCourt of Chancery of Delaware · 1942
- In re the Estate of DunganOrphan's Court of Delaware · 1950
- In Re Dungan's EstateSuperior Court of Delaware · 1950
- In re DownesOrphan's Court of Delaware · 1937