Spruance v. Darlington

Citations

• 7 Del. Ch. 111

Syllabus

<p>Equitable jurisdiction — wills— construction — after-discovered will — executors under each. — respective rights — statutory provision — dower — election by court after widow’s death — Statute of Limitations.</p> <p>1. A court of equity has jurisdiction of all matters in dispute between any and all parties to an action, the adjudication of which may affect the integrity of a trust fund in which all are interested, though the controversy as between some of them may be of a legal nature.</p> <p>2. The jurisdiction of courts of equity is not entirely determined by the absence or presence of adequate legal remedy, though either is not an unimportant element in aiding the solution of such a question.</p> <p>3. Under a will directing the executor merely to' sell testator’s real property, and divide the proceeds in a certain manner, the title thereto in fee descends to the heirs-at-law, subject to the power to sell, and they alone are entitled to the rents and profits thereof from the death of the testator up to the time of the exercise of tne power to sell.</p> <p>4. A bequest to a minor legatee can legally be paid only to his properly accredited guardian, and not to his parent.</p> <p>5. Revised Code, chapter 89, section 12, which declares that all “ lawful ” acts of an executor who has been removed shall be deemed valid, does not embrace a claim to be credited with the erection of a monument over the grave of the deceased, the expense of which is unauthorized by law.</p> <p>6. Where testator’s will was not discovered until after the death of his widow, she having then had no opportunity to elect to take in dower or as a legatee thereunder, the court will make that election for her which will be most advantageous to her estate.</p> <p>7. As ag'ainst an executor’s cause of action for assets, of the estate ag’ainst one who acted as executor under a will which was afterwards found to have been revoked, the Statute of Limitations does not begin to run until letters of adm