Chandler ex rel. Noblit v. Delaplaine
Court of Chancery of Delaware
Bill in Equity.—This bill was filed by the complainants to obtain a construction of the provision in the will of Peter Hendrickson, Senior, deceased, directing sale of his real estate. The testator died June second, 1843, seized of the real estate in question. Those portions of his will which were material are as follows:—“Item. My will is that “all my just debts and funeral expenses be paid as soon as “ convenient after my decease.
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Bill in Equity.—This bill was filed by the complainants to obtain a construction of the provision in the will of Peter Hendrickson, Senior, deceased, directing sale of his real estate. The testator died June second, 1843, seized of the real estate in question. Those portions of his will which were material are as follows:—“Item. My will is that “all my just debts and funeral expenses be paid as soon as “ convenient after my decease. I then give unto my beloved “wife Rebecca Hendrickson, all my tavern house, out- “ houses and all the lands belonging thereto and all my “ personal property as…
1Opinion of the Court
The Chancellor :—
It is clearly necessary in order to carry into effect the provisions of the will of Peter Hendrickson Senior that" the lands and'premises mentioned in the will shall be sold and the proceeds thereof divided among the parties entitled, according to their several and respective interests. And there is no person named in the will to carry into effect the direction to sell.
Upon a proper construction of the provisions of the will touching the sale, it is clearly not a direction for the sale of the real estate for the mere purpose of the conversion of the same into money and for…
2Cases cited1 opinion
- Lockwood v. StradleyCourt of Chancery of Delaware · 1825
3Cited by2 opinions
- Security Trust & Safe Deposit Co. v. WardCourt of Chancery of Delaware · 1915
- Esser v. ChimelCourt of Chancery of Delaware · 1943