Harker v. Reilly
Court of Chancery of Delaware
Bill in Equity.—This case arose upon the following facts :—Lydia Ann Brown, by deed dated December 30, 1858, conveyed unto Hugh Cox certain real estate, upon certain trusts for her lifetime, with this further trust, that after her decease the trustee should, “ grant and “convey the said premises and every part thereof unto “ such person or persons and for such estate and estates “and interest as she the said Lydia Ann Brown by her “last will and testament, or by any writing…
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Bill in Equity.—This case arose upon the following facts :—Lydia Ann Brown, by deed dated December 30, 1858, conveyed unto Hugh Cox certain real estate, upon certain trusts for her lifetime, with this further trust, that after her decease the trustee should, “ grant and “convey the said premises and every part thereof unto “ such person or persons and for such estate and estates “and interest as she the said Lydia Ann Brown by her “last will and testament, or by any writing in the nature “of a last will and testament shall order, direct, limit and “ appoint.” Afterwards,on the 31st of July,…
1Opinion of the Court
The Chancellor :—
The first question arising in this case is whether the will of Lydia A. McKegney touching the lot, the proceeds of which are the subject of controversy, was a valid execution of the power reserved to her under the deed of Dec. 30th, 1858. It is objected that this disposal of the lot is unwarranted by the power in two particulars—-1st, in creating a trust, whereas the power was to appoint the legal estate, and 2nd, in directing a sale of the premises, whereas the power was to appoint an estate in the land. I am of opinion, however, that in both of these particulars the will is…
2Cases cited4 opinions
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- Van Kleeck v. Ministers of the Reformed Dutch ChurchNew York Court of Chancery · 1837
- Greene v. DennisSupreme Court of Connecticut · 1826
- Tongue's Lessee v. NutwellCourt of Appeals of Maryland · 1859
3Cited by9 opinions
- Wilmington Trust Co. v. Wilmington Trust Co.Court of Chancery of Delaware · 1940
- Bradford v. AndrewIllinois Supreme Court · 1923
- Equitable Trust Co. v. FoulkeCourt of Chancery of Delaware · 1945
- Security Trust & Safe Deposit Co. v. WardCourt of Chancery of Delaware · 1915
- Provident Trust Co. of Philadelphia v. GraffCourt of Chancery of Delaware · 1932
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