In re the Partition of the Real Estate of Davis
Orphan's Court of Delaware
Petition for Partition. The petition of Elsie R. Frazer showed, inter alia: That James Davis died September 25, 1900, seised of land, and by his will devised all his real estate to his wife, Mary A. Davis, for life, and provided further as follows: "And from and immediately after the death of my said wife, Mary A. Dávis, I direct, devise and bequeath all my said property, real, personal and mixed, of whatsoever nature and kind the same may be, and wheresoever situated at the…
Read the full summary
Petition for Partition. The petition of Elsie R. Frazer showed, inter alia: That James Davis died September 25, 1900, seised of land, and by his will devised all his real estate to his wife, Mary A. Davis, for life, and provided further as follows: "And from and immediately after the death of my said wife, Mary A. Dávis, I direct, devise and bequeath all my said property, real, personal and mixed, of whatsoever nature and kind the same may be, and wheresoever situated at the death of my said wife aforesaid, unto my six children [one of whom was Ann Marion, wife of James Marion,] and to their…
1Opinion of the Court
A decree of partition was made accordingly, followed by an order of sale.
Upon the return of the sale for confirmation and a distribution of the proceeds, the question' was raised whether James Marion, the husband of Ann Marion, had any interest under Section 5 of Chapter 550, Volume 14, Laws of Delaware, as amended by Chapter 203, Volume 22, Laws of Delaware (Rev. Code of 1915, §3267). The decree of Chancellor upon this point was as follows:
“And it appearing from the petition filed in this cause that Ann Marion survived the testator, James Davis, and afterwards died during the lifetime of…
2Cited by1 opinion
- In re the Real Estate of EllisOrphan's Court of Delaware · 1937