Wilmington Trust Co. v. Boden

Pearson, Vice-Chancellor:

The questions are (1) whether the “estate by curtesy” of the husband of the testatrix is an interest for his life in one-half or in all of the real estate which the testatrix owned at the time of her death; and (2) whether the “estate by curtesy” is superior to the rights of the testatrix’ creditors.

The testatrix devised two tracts of land, one to each daughter. Each devise is in fee simple with the following limitation: “subject, however, to whatever estate by curtesy my husband, Julien Ortiz, shall have in and to said real estate.” The executor asserts that doubt…