Gilder v. Gilder

Citations

• 1 Del. Ch. 331

Syllabus

<p>A plea or answer, relying upon the equitable defence of a purchase for a valuable consideration, without notice, must set forth the consideration,—of what it consisted,—and must aver the actual, bona fide, payment of it, independently of the usual recital of payment in the deed. Also,the plea or answer must deny positively the fact of notice of the complainant’s title or claim previous to the execution of the deed ; and must deny every circumstance, charged in the bill, from which notice might be inferred. Notice must be denied, though not charged in the bill.</p> <p>This defence may be taken either by plea or answer ; but a denial of notice or fraud, charged in the bill, should be by answer also, in order that the complainant may be at liberty to except to its sufficiency.</p> <p>A testator by will directed that his 1 just debts and burying expenses be ‘ ■' paid ’ ’ by his executors. He devised to his two sons his whole real estate, 1 to them and their heirs, in equal moieties forever; and also all his personal estate after paying the legacies in the will mentioned. ’ ’ Held, upon the construction of the will, that the legacies were not charged upon the real estate devised to the sons.</p>