Grose v. McMullen

Court of Chancery of Delaware

Grose v. McMullen

2 Del. Ch. 227

CourtCourt of Chancery of Delaware

DecidedSeptember 15, 1859

StatusPublished

Cited by1 cases

This text of 2 Del. Ch. 227 (Grose v. McMullen) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grose v. McMullen, 2 Del. Ch. 227 (Del. Ct. App. 1859).

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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.

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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.

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Bluebook (online)

2 Del. Ch. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grose-v-mcmullen-delch-1859.

Opinion

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