Ford v. Wilson
Court of Chancery of Delaware
Bill by a Trustee for Instructions. Martha J. Wilson died January 10, 1898, and by her will made certain bequests and then divided all the rest, residue and remainder of her estate into five equal parts; gave one share absolutely to each of two brothers and one sister; gave one other share in trust for a sister, Annie, for life, and at her death to pay over the share to the testatrix’s children then living and the issue of deceased children the testatrix’s daughter being a…
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Bill by a Trustee for Instructions. Martha J. Wilson died January 10, 1898, and by her will made certain bequests and then divided all the rest, residue and remainder of her estate into five equal parts; gave one share absolutely to each of two brothers and one sister; gave one other share in trust for a sister, Annie, for life, and at her death to pay over the share to the testatrix’s children then living and the issue of deceased children the testatrix’s daughter being a member of a religious order and presumably bound to die childless; and gave the remaining one-fifth in trust, to be…
1Opinion of the Court
The Chancellor.
Several questions were raised by the bill and they will be considered separately. First. Did the testatrix, Martha J. Wilson die intestate as to the share given in trust for Ellen C. Comog for life, being one-fifth of the resid*128nary estate, Ellen C. Comog having died without leaving children or issue of a deceased child? The gift was for the benefit of Ellen for life only and there was no further or other gift of that share, or of any interest in it, except to the child or grandchildren of Ellen. Looking only at this part of the will, it is clearly an intestacy, though intestacy…
2Cases cited4 opinions
- In re the Estate of NelsonCourt of Chancery of Delaware · 1909
- Gray v. CorbitCourt of Chancery of Delaware · 1871
- Gray v. CorbitCourt of Chancery of Delaware · 1872
- Rubencane v. McKeeCourt of Chancery of Delaware · 1886
3Cited by5 opinions
- Huxley v. Security Trust Co.Court of Chancery of Delaware · 1943
- State v. RogersSupreme Court of Colorado · 1959
- Allen v. RitterCourt of Special Appeals of Maryland · 2010
- Bank of Delaware v. Estate of KaneCourt of Chancery of Delaware · 1971
- Bank of Delaware v. HitchensCourt of Chancery of Delaware · 1961