In re Robinson

Delaware Orphan's Court

In re Robinson

2 Del. Cas. 321, 1817 Del. LEXIS 12

DecidedJuly 23, 1817

StatusPublished

This text of 2 Del. Cas. 321 (In re Robinson) 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

In re Robinson, 2 Del. Cas. 321, 1817 Del. LEXIS 12 (Del. Ct. App. 1817).

Pincite

Opinion

The Chancellor.

The order for the division of the lands and tenements of John Robinson, the intestate, together with the division and return, must be set aside. The two hundred acres held by John Robinson under his father must be deemed an advancement. It would be highly unjust that that land should be thrown into the common stock, and equally so that John Robinson should hold it without making any allowance. He clearly entered into the possession under his father with his consent, not as a tenant, but certainly as a portion of his father’s estate; and as his possession for twenty or twenty-five years has thus been held, it must be presumed as an advancement for which the other heirs must receive an equivalent. John Robinson must pay the costs.

Order and return set aside.

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The Chancellor.

The order for the division of the lands and tenements of John Robinson, the intestate, together with the division and return, must be set aside. The two hundred acres held by John Robinson under his father must be deemed an advancement. It would be highly unjust that that land should be thrown into the common stock, and equally so that John Robinson should hold it without making any allowance. He clearly entered into the possession under his father with his consent, not as a tenant, but certainly as a portion of his father’s estate; and as his possession for twenty or twenty-five years has thus been held, it must be presumed as an advancement for which the other heirs must receive an equivalent. John Robinson must pay the costs.

Order and return set aside.

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Bluebook (online)

2 Del. Cas. 321, 1817 Del. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-robinson-delorphct-1817.