Ex parte Burgess
Court of Chancery of Delaware
Petition for Partition—Dower in an undivided Share.—This was a petition for partition among tenants in common of certain real estate, situated in ¡New Castle county, devised by the last will and testament of John Hook deceased, to his two children, Henry Hook and Agnes Hook. Henry Hook, one of the original tenants in common, died intestate, leaving to survive him a widow, named Ann, who afterwards intermarried with James Hanson ; also leaving two children, his heirs at law.
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Petition for Partition—Dower in an undivided Share.—This was a petition for partition among tenants in common of certain real estate, situated in ¡New Castle county, devised by the last will and testament of John Hook deceased, to his two children, Henry Hook and Agnes Hook. Henry Hook, one of the original tenants in common, died intestate, leaving to survive him a widow, named Ann, who afterwards intermarried with James Hanson ; also leaving two children, his heirs at law. The widow of Henry Hook, together with her husband, James Hanson, joined in the petition for partition, no assignment of…
1Opinion of the Court
The Chancellor,
upon consideration, declined to make the order, as prayed for, and afterwards assigned the following as his reasons :
By the last will of John Hook, his children, Agnes and Henry, became tenants in common, Agnes in one-third, and Henry in two-thirds, of the land devisedl Agnes married William Burgess, and having survived him died intestate, leaving three' children,William, Henry and Sarah now the wife of Josiah Bunker. Henry died intestate leaving a widow, Ann, now the wife of James Hanson, and two children, Jane, the wife of Samuel McVay and Henrietta Ann.
The object of the…
2Cited by3 opinions
- Knight v. KnightCourt of Chancery of Delaware · 1914
- Peters v. RobinsonSupreme Court of Delaware · 1994
- Berry v. AbbottOrphan's Court of Delaware · 1927