Kersey v. Bailey

Citations

• 2 Del. Ch. 328

Syllabus

<p>Principle of relief in equity against forfeitures stated.</p> <p>Executors gave a bond for payment of a legacy, subject to an agreement that any legal and proper abatement from the legacy, if ascertained before the bond became due and payable, should be credited; otherwise, that the bond should be absolute. Upon a failure to ascertain the amount to he abated from the legacy, before the bond became due and payable,—held, that the failure being through default of the executors a court of equity will not extend the time for ascertaining the abatement.</p>