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2 Del. Ch. 44

Kinney v. Redden

Court of Chancery of Delaware

Decided September 15, 1837

Court of Chancery of Delaware · decided 1837-09-15

—The complainant had filed a bill for the specific performance of a paroi contract between himself and the defendant, bTehemiah Redden, for the conveyance of an undivided share of the intestate real estate of ¡Nathaniel Mitchell deceased, situated in. Sussex county. The undivided share in controversy had descended to William J. Mitchell, the eldest son of the intestate ; Redden having purchased this share at Sheriff’s sale under an execution against Mitchell.

Decided 1837-09-15

Johns, Jr., Chancellor.

¶1The Orphans Court has exclusive jurisdiction as to the question of acceptance, the legislative provision on the subject having made that Court the tribunal primarily to decide, as in that Court alone the right can be exercised. To enjoin its proceeding and delay the exercise of the right of acceptance, because the party having it has contracted to sell by paroi, and no deed executed, would be a serious injury to the other parties interested in the estate and entitled to their shares

¶2*46of the valuation money. The question of right, or who is entitled to be admitted to accept, must be decided in the Orphans Court. If that Court err, the right of appeal exists. Injunction to restrain the party from claiming and exercising his right of acceptance, therefore, is not granted.

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