Mrs. Shockley's Case

Delaware Orphan's Court

Mrs. Shockley's Case

1 Del. Cas. 620

DecidedJuly 1, 1821

StatusPublished

This text of 1 Del. Cas. 620 (Mrs. Shockley's Case) 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

Mrs. Shockley's Case, 1 Del. Cas. 620 (Del. Ct. App. 1821).

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Opinion

J. M. Clayton. The lapse of time is nothing if short of twenty years. And the case of Kennedy v. Nedrow and Wife et al., 1 Dali. 417, 418, is in point to show that even if she had acted as executrix or claimed under the will (made before 1816) any interest whatever, and even if she had been a party to a partition, she is not barred of her dower. Every will at common law and before 1816 imported a bounty.

Hall urged the lapse of time and then partition.

The Chancellor, on the case, 1 Dali., decreed for the petitioner.

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J. M. Clayton. The lapse of time is nothing if short of twenty years. And the case of Kennedy v. Nedrow and Wife et al., 1 Dali. 417, 418, is in point to show that even if she had acted as executrix or claimed under the will (made before 1816) any interest whatever, and even if she had been a party to a partition, she is not barred of her dower. Every will at common law and before 1816 imported a bounty.

Hall urged the lapse of time and then partition.

The Chancellor, on the case, 1 Dali., decreed for the petitioner.

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Bluebook (online)

1 Del. Cas. 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mrs-shockleys-case-delorphct-1821.