Cooch v. Clark

Citations

• 8 Del. Ch. 299

Syllabus

<p>A testator bequeathed to his brother M. C. for life, the rents of certain real estate, and dividends on stock in the C. & F. Bank and the U. Bank of B. He further provided that after the death of M. C. the C. & F. Bank stock should be given to A. L. and that the U. Bank stock should “be sold and the proceeds go to the general fund of my estate.” There were pecuniary legacies of various amounts, all of the legatees with two exceptions being among the testator’s next of kin, one of the two exceptions being that a legacy was bequeathed to E. C., wife of his brothe M. C., “should she survive him.” A. L. died two days before the death of the testator. E. C. survived her husband M. C. The testator directed that if the proceeds of sale of his property were insufficient to pay the legacies in full, they should be paid pro rata, and if such proceeds exceeded the amount of the legacies, the surplus should be divided pro rata. The amount realized was insufficient to pay the legacies, and E. C. received none of the first distribution, which was made while her husband M. C. was still living. Held:</p> <p>1. That the legacy to A. L. lapsed, and as to the stock bequeathed to him the testator died intestate.</p> <p>2. That the executor should pay the proceeds of sale of the stock so bequeathed to A. L., to and among the next of kin of the testator, in accordance with the intestate laws of this State.</p> <p>3. That E. C., widow of M. C., was entitled to a pro rata share based upon all money which had been or would be distributed to the legatees after payment of specific bequests, whether the same came into his hands for distribution before or since the death of M. C.</p>