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1 Del. 499

State v. Wild

Superior Court of Delaware

Decided July 1, 1835

Superior Court of Delaware · decided 1835-07-01

Scire facias on a recognizance in the orphans’ court. Demurrer to scire facias and joinder. The scire facias set forth that Robert Graham died intestate in the year 1813 seized in fee simple of lands in Kent county, and leaving to survive him six children, two of whom, Celia and Jane, were daughters. Celia married Jackson Lafferty in 1816, and died prior to 1820, leaving to survive her her said husband and also children who are now living.

Decided 1835-07-01

Mr. Justice Black,

¶1delivered the opinion of the court at great length, going into a particular examination of the intestate law with a view to its construction on this point; and concluded by sustaining the demurrer and giving judgment for the deft, (a)

¶2This decision important as it was at the time, as giving for the first time a construction of the intestate law on this question, has been since rendered unimportant in its general application by a supplement to that law, passed on the recommendation of the judges at the special session in 1835. By that supplement (9 Del. Laws 6) tenants by the curtesy or in dower are entitled to such share of the appraised value, or proceeds of sales, of land appraised or sold by order of the orphans’ court, as such tenant or dowress were entitled to in the land; and to receive the interest on such share during their lives; or to receive the principal, on entering into recognizance that the same shall be paid over, after their death, to the parties entitled ac-sording to the act to which this is a supplement..

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