Wharton v. Stevens

Citations

• 18 Del. 136
• 2 Penne. 136
• 45 A. 540
• 1899 Del. LEXIS 17

Syllabus

<p>Case Stated—Dower— Vested Interest—Mortgage—Parties Entitled.</p> <p>When a man siezed of real estate dies intestate, leaving to survive him a widow and two children as his only heirs-at-law, and said real estate is sold by order of the Orphans’ Court for the payment of his debts—the widow having waived the assignment of dower—and a mortgage is given to secure the interest of the widow in accordance with the statute in that behalf; held that a child of the deceased who dies prior to the death of the widow has such an interest in the principal of the said mortgage as will, upon the death of the widow, belong to the estate of the deceased child.</p>