State v. Griffith
Court of Chancery of Delaware
Case stated in equity.—This was an information filed by the Attorney General to establish the trusts of a devise to charitable uses made by the last will and testament of Benjamin Potter, dec’d.
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Case stated in equity.—This was an information filed by the Attorney General to establish the trusts of a devise to charitable uses made by the last will and testament of Benjamin Potter, dec’d. The questions arising in the case were submitted to the Chancellor upon a case stated, the material facts of which were as follow:— Benjamin Potter, being seized of a large estate, real and personal, made his last will and testament, bearing date July 26th, 1839, and also three codicils; No. 1, dated July 26th, 3.839, No. 2, dated September 5th, 3843, and No. 3, dated October 12th, 1843. The testator…
1Opinion of the Court
Johns, Jr., Chancellor.
The question submitted in the case stated respects—-first, the validity of the devise, and secondly, the power of this Court to execute it.
It is admitted to be a devise to charitable uses. The statement of the case does not specifically question the devise as to the quantity or interest of the estate, but regards the invalidity of the devise.
In the points presented the complainant insists that the estate devised in trust is a fee simple in the trustees; and that if the fee did not vest in them, still the whole beneficial interest in the said real estate is devised to…
2Cited by17 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Webster v. MorrisWisconsin Supreme Court · 1886
- Taylor v. CrossonCourt of Chancery of Delaware · 1916
- McBride v. MurphyCourt of Chancery of Delaware · 1924
- Delaware Land & Development Co. v. First & Central Presbyterian ChurchSupreme Court of Delaware · 1929
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