Grose v. McMullen

Citations

• 2 Del. Ch. 227

Syllabus

<p>A bond held by a decedent at his death, though not yet due, is assets for the payment of debts, and may be sold under a decree.</p> <p>To exonerate the personal estate of a testator from the payment of debts, it is not suEcient that the real estate be charged. It must appear from the will, either expressly or by clear implication, that the testator intended to exonerate the personal estate.</p> <p>The testator, at his death, held a bond for $7,000.00 not due for a number of years. By his will he bequeathed to his wife an annuity of $420.00, corresponding with the annual interest on the bond ; and also gave some pecuniary legacies at her decease. His lands were charged with debts, and a portion of them directed to be sold for the payment of debts. Held, not suEcient to exonerate the bond from liability for a deficiency after applying the residue of the personal estate and the proceeds of lands directed to be sold.</p> <p>The deficiency having been paid by devisees of the residuary real estate, relief granted by marshaling assets. . •</p>