¶1considered 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.
2 Del. Ch. 227
Grose v. McMullen
Decided September 15, 1859
Court of Chancery of Delaware · decided 1859-09-15
Bill to marshal assets.—James McMullen, by his will, dated October 22d, 1856, directed the payment of his debts, and for that purpose that certain of his real estate should be sold. The residue of his real estate he devised to the complainants in fee simple, but with a proviso that this clause of his will should not take effect until all his debts should be paid.
Decided 1859-09-15