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20 Del. 34

Carpenter v. Webb

Superior Court of Delaware

Decided February 17, 1902

Superior Court of Delaware · decided 1902-02-17

<p> Case Stated—Will—Power to Sell Lands; Execution of. </p> <p>By his last will and testament A. directed that his executor B. should sell certain of his real estate and execute a deed conveying in fee simple said real estate to the purchaser thereof. The executor executed a deed of conveyance, referring therein to the power contained in the will, and to the land described in the will as being the same as that conveyed by the deed; but nowhere did the deed state that the estate conveyed was the interest of A., the testator. Held, that there was enough on the face of the deed to show an execution of the power, and that the deed conveyed to the grantee therein the fee simple title to the lands, described in the will.</p>

Decided 1902-02-17

Lore, C. J.:

¶1We think there is enough on the face of the deed, which is made a part of the case stated, to show that this party was attempting, however informally it may have been, to execute a power. He had, it is conceded, no interest, in his own right in the lands, but had a right to convey under that power; and while the power is very awkwardly and inartistically expressed, we think it is sufficient.

¶2ORDER OP COURT.

¶3And now to wit, this seventeenth day of February, A. D., 1902, the within and foregoing case stated having come on to be heard, and having been argued by counsel for both parties at the bar of the court, and the court having maturely considered the same, it is hereby ordered, adjudged and decreed by the court (the said court being of the opinion that the deed of Amos Pierson and Susan H. Pierson, said deed bearing date the seventh day of March, A. D., 1866, and recorded in the office for recording deeds in and for New Castle County, State of Delaware, in Deed Record D., Vol. 8, Page 421, etc., conveyed the fee simple title of said lands to Joseph Wright, the grantee named therein) that judgment be entered for the plaintiff against the defendant for six cents, besides costs of suit.

¶4Judgment for plaintiff for six cents.

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