Griffith v. State
Supreme Court of Delaware
This was an appeal from the decree of the chancellor establishing certain trusts of real estate for charity under the will of Benjamin Potter dec’d, in the case reported ante p. 392. The heirs at law of the testator, being advised that the devise to charity was void, brought their action of ejectment to recover the real estate devised.
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This was an appeal from the decree of the chancellor establishing certain trusts of real estate for charity under the will of Benjamin Potter dec’d, in the case reported ante p. 392. The heirs at law of the testator, being advised that the devise to charity was void, brought their action of ejectment to recover the real estate devised. Thereupon, in order to obtain a judicial decision as to the validity of the trusts, a case stated was agreed upon and filed in the Court of Chancery, wherein the State of Delaware was made a party complainant and the heirs at law defendants, with the same…
1Opinion of the Court
i Wootten, J.,
delivered the unanimous opinion of the Court, as
follows :
■ Benjamin Potter, the testator, by his last will and testament, bearing date the 26th day of June, 1839, and by sundry codicils thereto, after disposing of and giving certain portions of his estate to his relatives and friends, devised all the balance or residue of *455his estate, real, personal, and mixed, of every description, to Potter Griffith, George S. Atkins and Levin H. Adams, in trust for the support and maintenance of the poor white citizens of Kent county; “ who by timely assistance might be kept from the Poor…
2Cases cited1 opinion
- Trustees of the Philadelphia Baptist Ass'n v. Hart's ExecutorsSupreme Court of the United States · 1819
3Cited by17 opinions
- Taylor v. CrossonCourt of Chancery of Delaware · 1916
- Klumpert v. VrielandSupreme Court of Iowa · 1909
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
- Chew v. First Presbyterian Church of Wilmington, Del., Inc.District Court, D. Delaware · 1916
- Trustees of New Castle Common v. MegginsonSupreme Court of Delaware · 1910
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