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1 Del. Ch. 406

Stilley v. Grubb

Court of Chancery of Delaware

Decided September 15, 1833

Court of Chancery of Delaware · decided 1833-09-15

Bill in equity eor arrears oe an annuity.—The complainant, the widow of Thomas Cartmell, deceased, became entitled under his will, in 1804, to an annuity of $40 bequeathed to her in lieu of dower, and charged (in part) upon certain real estate devised by the testator to Joseph Cartmell. The real estate was afterwards sold and conveyed to Parker Askew.

Decided 1833-09-15

Johns, Jr., Chancellor.

¶1The Act of Assembly divorcing the complainant, Susanna Stilley, from her husband, John Stilley, a mensa et thora, also confers upon her all the rights, privileges and immunities of a feme sole. This being her situation, I am of opinion that she had a right to execute all legal instruments necessary for the management of her property ; and, as it appears from the release that she claimed her right of dower in the land held by the defendant, and for a valuable consideration, to wit, the sum of $100, released the same, by her so doing she has precluded herself from claiming, as against the purchaser, the annuity which was bequeathed to her in lieu of dower.

¶2The bill is therefore dismissed, with costs.

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