Clarke v. Canfield

The Chancellor.

Elizabeth Clarke, by her will, bearing date on the twenty-seventh of August, 1852, gave to her grand nephew, Edgar W. Canfield, a legacy of five hundred dollars. After other legacies, she gave the residue of her estate to Elizabeth Woolston. The testatrix died on the fourth of December, 1852, having left assets sufficient to pay all the legacies given by her will. The executors, by their bill, admit the legacy to be in their hands, but allege that they are unable to ascertain whether Canfield, the legatee, is actually dead, and if dead, whether he died before or after the…