Ferris v. Ferris
Court of Chancery of Delaware
Bill for Construction of Will and order of sale of real estate. Anna M. Ferris by will directed her executors to pay her debts, made several specific bequests, and “all the rest and residue” of her estate she gave, devised and bequeathed to her two sisters, Deborah Ferris and Martha Ferris, and the survivor, for life.
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Bill for Construction of Will and order of sale of real estate. Anna M. Ferris by will directed her executors to pay her debts, made several specific bequests, and “all the rest and residue” of her estate she gave, devised and bequeathed to her two sisters, Deborah Ferris and Martha Ferris, and the survivor, for life. Item 4th was as follows: “And after the deaths of my sisters Deborah Ferris and Martha Ferris it is my will that the property herein bequeathed to them shall be disposed of as follows:” Then follow several gifts of money aggregating eighty-four hundred dollars, each containing…
1Opinion of the Court
The Chancellor.
A precedent of the learned Chancellor Bates may well be followed in deciding this case, and in Rambo, Exr., v. Rumer, et al., 4 Del. Ch. 9 (1866), there is such a precedent. By will Rumer directed the payment of his debts by the executor; made several pecuniary legacies, each preceded by the words “I give and bequeath,” two of the legacies being charged on the land; and then said: “As to the balance of my estate, if there be any I give and bequeath,” etc. At his death the testator owned only one parcel of real estate, and his personal estate was insufficient to pay his debts.…
2Cases cited6 opinions
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Rambo v. RumerCourt of Chancery of Delaware · 1866
- Irwin v. . TellerNew York Court of Appeals · 1907
- Hilford v. WayCourt of Chancery of Delaware · 1830
- Getchell v. RustCourt of Chancery of Delaware · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Maloney v. JohnsonCourt of Chancery of Delaware · 1939
- Walters v. YoungCourt of Chancery of Delaware · 1921
- Rice v. RiceCourt of Chancery of Delaware · 1920
- Security Trust Co. v. BulcroftCourt of Chancery of Delaware · 1936
- Esser v. ChimelCourt of Chancery of Delaware · 1943
1 more not listed; retrieve them via the Exa API.