Killen v. Adams
Court of Chancery of Delaware
Bill in equity for a legacy—Security.—This was a bill filed on behalf of the complainants to recover from the defendant, as executor of the last will and testament of Benjamin Downs dec’d, a legacy of $50.00 bequeathed to each of the complainants by the testator, to be paid in one year after his decease.
Read the full summary
Bill in equity for a legacy—Security.—This was a bill filed on behalf of the complainants to recover from the defendant, as executor of the last will and testament of Benjamin Downs dec’d, a legacy of $50.00 bequeathed to each of the complainants by the testator, to be paid in one year after his decease. The defendant filed the following plea, viz : “ That no “ offer hath been made to the said defendant by the com- “ plainants, or either of them, of any surety, nor hath any “ surety been given to him, that if any part or the whole “ of the said legacies shall, at any time hereafter, appear to…
1Opinion of the Court
Ridgely, Chancellor.
Were the Act of Assembly to regulate the proceedings in this Court, it would defeat the powers of the Court; for in all cases, where the security was given according to the Act, the Court would be obliged to decree a payment, without the power of imposing any terms, however proper, just as a court of law would be. Already,the Court may compel a complainant to give security to refund, or to indemnify the executor, and it is not necessary to adopt by analogy any new power or authority under the Act. That Statute applies strictly to eases at law, and gives the courts of…
2Cited by2 opinions
- Glanding v. Industrial Trust Co.Supreme Court of Delaware · 1945
- Walker v. CaldwellCourt of Chancery of Delaware · 1896