Hayes v. Hayes

Supreme Court of Delaware

Hayes v. Hayes

7 Del. 95

DecidedJune 15, 1859

StatusPublished

This text of 7 Del. 95 (Hayes v. Hayes) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hayes v. Hayes, 7 Del. 95 (Del. 1859).

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Opinion

The Court

affirmed the decree of the Chancellor and dismissed the appeal on the ground that the distributive share of the respondent was due and payable, whilst the amount of the judgment bond from him to the testator, would not be due and payable for several years yet; and if the decree had been duly executed by him, it would have been no defence to the action for the legacy, because it would not have then been payable.

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The Court

affirmed the decree of the Chancellor and dismissed the appeal on the ground that the distributive share of the respondent was due and payable, whilst the amount of the judgment bond from him to the testator, would not be due and payable for several years yet; and if the decree had been duly executed by him, it would have been no defence to the action for the legacy, because it would not have then been payable.

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Bluebook (online)

7 Del. 95, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-hayes-del-1859.