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Philip J. Grose and James M. Grose, vs. James McMullen and William W. Ferris, Executors of James McMullen, decd

Delaware Court of Chancery1859-09
2 Del. Ch. 227

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

The Chancellor

considered that the bond, although not yet due, was assets for the payment of the testator’s debts; and that it was not exempted by the mere charge of the debts on real estate; that the will must show an intent, express or implied, to exonerate the personal estate, and that in this will, such intent is not sufficiently demonstrable. A decree was entered to marshal the assets, and ordering a sale of the Townsend bond for that purpose.