Supreme Court of Delaware, 1859

Hayes v. Hayes

Hayes v. Hayes
Supreme Court of Delaware · Decided June 15, 1859
7 Del. 95

Hayes v. Hayes

Opinion of the Court

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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