Borroughs v. Broxon

Delaware Orphan's Court

Borroughs v. Broxon

3 Del. Cas. 217, 1829 Del. LEXIS 14

DecidedJuly 17, 1829

StatusPublished

This text of 3 Del. Cas. 217 (Borroughs v. Broxon) is published on Counsel Stack Legal Research, covering Orphan's Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Borroughs v. Broxon, 3 Del. Cas. 217, 1829 Del. LEXIS 14 (Del. Ct. App. 1829).

Pincite

Opinion

The Chancellor

is of the opinion that the Negroes were not specifically bequeathed to the children; that they should be accounted for as the other personal property of the testator; that the wife is entitled to one third part of the surplus; and after deducting that surplus, that the residue should be equally divided among the children. The bequest of the service of the Negroes, to the heirs until they, the Negroes, arrive to the age of thirty-five years of age, was merely to designate the time at which the Negroes should become free.

But Mr. Rogers alleges that some of the Negroes have run away, and that the executrix should not be charged with the appraised value of such of them as have run, and prays time until next term to make good his allegation, especially as the executrix is absent, and is very firm. And time is accordingly given, so the appeal is continued until next term.

Continued.

Free access — add to your briefcase to read the full text and ask questions with AI

The Chancellor

is of the opinion that the Negroes were not specifically bequeathed to the children; that they should be accounted for as the other personal property of the testator; that the wife is entitled to one third part of the surplus; and after deducting that surplus, that the residue should be equally divided among the children. The bequest of the service of the Negroes, to the heirs until they, the Negroes, arrive to the age of thirty-five years of age, was merely to designate the time at which the Negroes should become free.

But Mr. Rogers alleges that some of the Negroes have run away, and that the executrix should not be charged with the appraised value of such of them as have run, and prays time until next term to make good his allegation, especially as the executrix is absent, and is very firm. And time is accordingly given, so the appeal is continued until next term.

Continued.

Cite This Page — Counsel Stack

Bluebook (online)

3 Del. Cas. 217, 1829 Del. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borroughs-v-broxon-delorphct-1829.