Cordry v. Adams Wife
Superior Court of Delaware
Appeal from the orphans’ court. John Cordry, late of Sussex conty, dec’d. by his last will and testament, dated 17th July, 1816, divised and bequeathed as follows. “As it respects what God has been pleased to bless me with in this life, I give, devise and dispose of in the following manner and form; viz: Item—I give and bequeath to my daughter Milly Adams, one shilling, and no more.
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Appeal from the orphans’ court. John Cordry, late of Sussex conty, dec’d. by his last will and testament, dated 17th July, 1816, divised and bequeathed as follows. “As it respects what God has been pleased to bless me with in this life, I give, devise and dispose of in the following manner and form; viz: Item—I give and bequeath to my daughter Milly Adams, one shilling, and no more. Item—I give and bequeath to my son Spencer Cordry, one shilling, and to have no more of my estate. Item —I give and bequeath to my son John Cordry, twenty-five acres of land adjoining a tract which I have deeded…
1Opinion of the CourtJustice Harrington
delivered the following as the opinion of the court; though Judge Black inclined the other way.
The devise to William Cordry being general and without any words of limitation, carries but a life estate unless a manifest intent is apparent from the other parts of the will, to give him a larger estate. The introductory clause, though important in a consideration of the whole will, is not of itself sufficient to enlarge the general devise, but may be taken in connexion with the other parts to show the meaning which the testator attached to his devise to William, and the extent to which he…
2Cases cited1 opinion
- AnonymousSupreme Court of the United States · 1798