Taylor v. Crosson
Court of Chancery of Delaware
Bill for Specific Performance. The bill is to enforce specific performance of a contract for the sale by the complainants to the defendant, Crosson, of the premises No. 816 Van Burén Street, in Wilmington, which Mary E. Adams, the grandmother of the complainants owned at the time of her death.
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Bill for Specific Performance. The bill is to enforce specific performance of a contract for the sale by the complainants to the defendant, Crosson, of the premises No. 816 Van Burén Street, in Wilmington, which Mary E. Adams, the grandmother of the complainants owned at the time of her death. By her will, dated June 27, 1904, and a codicil thereto, both probated October 28, 1912, Mary E. Adams, being then the widow of Lerendo H. Adams, after directing the payment of debts and certain pecuniary legacies given to her two grandsons, the complainants, children of her daughter, Mary A. Taylor,…
1Opinion of the Court
The Chancellor.
The most important point for decision is whether the rule against perpetuities is applicable. Inasmuch as this rule is a peremptory command of law, not a rule of construction, and its object being to defeat intention, therefore, as Professor Gray says:
“Every provision in a will or settlement is to be construed as if the rule did not exist, and then to the provision so construed the rule is to be remorselessly applied.”
If there be two constructions, as to each of which there is doubt, the one consistent with and the other repugnant to the law, the former will be adopted; but if…
2Cases cited5 opinions
- Lawrence v. SmithIllinois Supreme Court · 1896
- Griffith v. StateSupreme Court of Delaware · 1848
- State v. GriffithCourt of Chancery of Delaware · 1847
- Phillips v. PhillipsCourt of Chancery of Delaware · 1914
- State v. JacksonSuperior Court of Delaware · 1879
3Cited by32 opinions
- Stuart Kingston, Inc. v. RobinsonSupreme Court of Delaware · 1991
- Story Ex Rel. Story v. First National Bank & Trust Co.Supreme Court of Florida · 1934
- Lewis v. HansonSupreme Court of Delaware · 1957
- Equitable Trust Co. v. SnaderCourt of Chancery of Delaware · 1930
- In Re Estate of SherkSupreme Court of Minnesota · 1934
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