Sussex Trust Co. v. Polite
Court of Chancery of Delaware
Bill By Executor for Instructions. Joseph W. Marsh by will dated January 19, 1916, directed his executor to sell all his property "excepting, however, the lands and chattels hereinafter more particular devised or bequeathed,” made certain legacies, pecuniary and specific, and by the fifth item devised, as follows: “Fifth: I give and devise unto Margaret E. Polite, should she be living at the time of my death, all that certain tract, piece or parcel of land, situate in Sussex…
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Bill By Executor for Instructions. Joseph W. Marsh by will dated January 19, 1916, directed his executor to sell all his property "excepting, however, the lands and chattels hereinafter more particular devised or bequeathed,” made certain legacies, pecuniary and specific, and by the fifth item devised, as follows: “Fifth: I give and devise unto Margaret E. Polite, should she be living at the time of my death, all that certain tract, piece or parcel of land, situate in Sussex County, Delaware, where I now reside, lying on both sides of the county road leading from Millsboro to Lewes, adjoining…
1Opinion of the Court
The Chancellor.
In the opinion overruling the demurrer the jurisdiction of the court, was based on the need of the executor for instructions to properly perform its duty to convert the' estate of the decedent as directed by the will. (Ante p. 37.)
Briefly stated the testator in this case, after making a will devising a tract of land capable of identification by the general description thereof, and which contained forty-five acres, sold part of the tract and acquired a new parcel contiguous to the tract *67described in the will, and actually annexed the new tract and used it as a part of the tract…
2Cases cited6 opinions
- Bourke v. BooneCourt of Appeals of Maryland · 1902
- Briggs v. BriggsSupreme Court of Iowa · 1886
- Hines v. . MercerSupreme Court of North Carolina · 1899
- Doe v. RoeSuperior Court of Delaware · 1915
- Kimball v. EllisonMassachusetts Supreme Judicial Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bird v. Wilmington Society of the Fine ArtsSupreme Court of Delaware · 1945
- Murphy v. McBrideSupreme Court of Delaware · 1925
- Eddington v. TurnerSupreme Court of Delaware · 1944
- Maloney v. JohnsonCourt of Chancery of Delaware · 1939
- Savings Bank of Ansonia v. SchancuppSupreme Court of Connecticut · 1928
10 more not listed; retrieve them via the Exa API.