Legal Opinion
Rice v. Rice
Court of Chancery of Delaware
Decided October 6, 1920PublishedCited by 4 opinions
1Opinion of the Court
The Chancellor.
The legacy given to the widow is charged upon the lands which the testator devised as part of the balance of his estate, the personalty being insufficient for the purpose. When a pecuniary legacy is given, followed by a gift of the “balance of my estate,” or other general residuary clause, the legacy is charged on the land which passed as a part of the residuary estate. That this is the settled rule is not denied. In support of it the complainant’s solicitor' has cited 2 Jarman on Wills, (5th Ed.) *603; Lewis v. Darling, 16 How. 1, 14 L. Ed. 819; Cook v. Lanning, 40 N. J. Eq. 369,…
2Cases cited11 opinions
- Lewis v. DarlingSupreme Court of the United States · 1854
- Rambo v. RumerCourt of Chancery of Delaware · 1866
- Williams v. WilliamsIllinois Supreme Court · 1901
- Knotts v. BaileyMississippi Supreme Court · 1876
- Hilford v. WayCourt of Chancery of Delaware · 1830
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cooper v. BishopCourt of Chancery of Delaware · 1932
- Davidson v. Wilmington Trust Co.Court of Chancery of Delaware · 1938
- Security Trust Co. v. BulcroftCourt of Chancery of Delaware · 1936
- University of Delaware v. Equitable Trust Co.Court of Chancery of Delaware · 1932