In re the Real Estate of Ward

Citations

• 10 Del. Ch. 497
• 95 A. 350
• 1914 Del. Ch. LEXIS 28

Syllabus

<p>The surplus proceeds of realty\ of a decedent sold to pay his debts is to be considered as realty in\ determining the place of administration.</p> <p>An administrator filed a petition for direction as to the disposition of the surplus proceeds of a sale of decedent's realty to pay her debts, showing that the surplus was to go in equal parts to each of her seven children; that one of them had married after decedent’s death, and had died intestate before the filing of the petition for a sale, leaving a surviving husband residing in Pennsylvania, entitled to curtesy in one-half of her estate after payment of her debts. Held, that administration must be taken out in this State, where resident and non-resident creditors might probate their claims, and that any amount remaining above such claims would be distributed under the intestate real estate laws of the State, one-half of the ' deceased daughter's share to go to her heirs, and one-half to be deposited in the State, the income and interest therefrom to be paid the tenant by the curtesy, and, upon'his death, to be distributed to her heirs.</p>