Beeson v. Elliott

Citations

• 1 Del. Ch. 368

Syllabus

<p>A testator devised as follows ; “ I give to my dear and loving wife, the ‘ ‘ reasonable use of two suitable rooms in the house that we may “ happen to dwell in at the time of my decease, whether in town or “ country, with suitable provisions in the cellar, kitchen, garden, “ necessary house, well or pump : To hold to my said vife for and “ during her natural life, with full and free ingress or egress and “ regress.” After the death of the testator, his widow removed from the house in which he was living at his decease, and to which the rights and privileges devised to her had attached. The premises were for some years occupied and rented by her two sons, the devisees thereof in fee simple, but without any contract for compensation in respect of the widow’s privileges. Held, that under the devise the widow took such an interest in the premises, that the law would imply a contract to pay a compensation therefor in the absence of an express contract; and that the allowance of such compensation by referees in an arbitration between the widow and one of the devisees, submitting all matters in controversy, was not a mistake in law.</p> <p>The question of allowing interest upon arrears of an annuity is, in a court of equity, discretionary, — depending upon equitable considerations arising out of the circumstances of the particular case.</p> <p>An annuity bequeathed to a widow in lieu of dower, for her maintenance, and charged on real estate, payable quarterly, the prompt payment of which was necessary to her comfortable support,—held, to be a proper subject for the allowance of interest; and that such allowance by referees, in an arbitration submitting all matters in controversy, was not a mistake in law. Courts of equity have a general jurisdiction to relieve against mistakes in law, committed by arbitrators in the making of awards ; but, in the exercise of such jurisdiction, the Courts will relieve only against such mistakes as are plain, palpable and gross.</p> <p>Lo