Court of Chancery of Delaware, 1859

Grose v. McMullen

Grose v. McMullen
Court of Chancery of Delaware · Decided September 15, 1859
2 Del. Ch. 227

Counsel

■ T. F. Bayard, for the complainants., 6r. B. Rodney, for the defendants., Mr. Bayard, in reply.

Grose v. McMullen

Opinion of the Court

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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