Moore v. Ennis
Court of Chancery of Delaware
Bill by an Executor for Instructions. The bill was for instmctions to the executor of William H. Ennis, deceased, respecting two items of the will. The testator had nine children, and gave to six of them each the sum of $2,000, simpliciier, and to one son he gave $500, “he already having had his full share of my estate.”
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Bill by an Executor for Instructions. The bill was for instmctions to the executor of William H. Ennis, deceased, respecting two items of the will. The testator had nine children, and gave to six of them each the sum of $2,000, simpliciier, and to one son he gave $500, “he already having had his full share of my estate.” To the two remaining children he made separate bequests, as to which instructions are asked, these provisions of the will being as follows: “To my son, Gove Ennis, and his children, the sum of two thousand dollars.” “To my son, Harry Ennis, and his children, the sum of two…
1Opinion of the Court
The Chancellor.
The particular clauses to be construed are alike, and each is a gift of a sum of money to a son “and his children,” without other words. At the date of the will and at the death of the testator each son had a child or children living. It is settled by frequent judicial declaration that the word “children” is primarily and presumably a word of purchase and not of limitation, unless there is something in the will to show a contrary intention on the part of the testator. In Delaware it was so held by the Court of Errors and Appeals in Jamison v. McWhorter, 7 Houst. 242, 257, 31…
2Cases cited3 opinions
- Jamison v. McWhorterSupreme Court of Delaware · 1885
- Lessee of Caulk v. CaulkSuperior Court of Delaware · 1902
- State v. JacksonSuperior Court of Delaware · 1879
3Cited by2 opinions
- Equitable Trust Co v. McCombCourt of Chancery of Delaware · 1933
- In re the Estate of ParantNew York Surrogate's Court · 1963