Wingate v. Parsons
Court of Chancery of Delaware
Case Stated in Equity.—Wm. B. Parsons, by his last will dated February 7th, 1867, bequeathed to his daughter Lucinda, then and now the wife of the complainant, $400, in these words : “Item, I give and bequeath to “ my daughter Lucinda C. Wingate, the sum of four hun- “ dred dollars, to be paid out of my personal estate to “ her, her heirs and assigns." Wingate the husband was indebted to the testator, at his decease, in a sum exceeding the amount of the legacy.
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Case Stated in Equity.—Wm. B. Parsons, by his last will dated February 7th, 1867, bequeathed to his daughter Lucinda, then and now the wife of the complainant, $400, in these words : “Item, I give and bequeath to “ my daughter Lucinda C. Wingate, the sum of four hun- “ dred dollars, to be paid out of my personal estate to “ her, her heirs and assigns." Wingate the husband was indebted to the testator, at his decease, in a sum exceeding the amount of the legacy. It does not appear at what date the debt was contracted. Upon a case stated, the question is submitted whether the executors can set…
1Opinion of the Court
The Chancellor :—
The complainants, husband and wife, join in a suit for a legacy bequeathed to the wife during the coverture. • The defendants, executors of the testator who made the bequest, seek to retain the legacy against a debt due .from the husband to. the testator in his lifetime. Can this be done either by way of set-off under the statute ? or, if not under the statute, then can it be done under any equitable power of this Court independently of the statute ? These were the questions raised in the argument.
And first, is this a case of set-off within the statute ? I am clearly of the…
2Cases cited10 opinions
- Murray v. WilliamsonSupreme Court of Pennsylvania · 1810
- Shuttlesworth v. NoyesMassachusetts Supreme Judicial Court · 1811
- Yohe v. BarnetSupreme Court of Pennsylvania · 1808
- Searing v. SearingNew York Court of Chancery · 1841
- Dennison v. NighSupreme Court of Pennsylvania · 1833
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Walker v. CaldwellCourt of Chancery of Delaware · 1896