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21 Del. 450

Pepper v. Pepper

Superior Court of Delaware

Decided October 11, 1905

Superior Court of Delaware · decided 1905-10-11

Amicable Action Exceptians to award of arbitrators. Harriet H. Cannon died testate December 7, 1901. Under the provisions of her will, a certain tract of land was to be sold by her executor and the proceeds divided between her step-children, Edward F. Cannon and Amanda M. Hearne.

Decided 1905-10-11

Boyce, J.:

¶1—We are unanimous in opinion that the evidence adduced in this case is not sufficient to warrant a verdict in favor of the exceptants. And we would disregard such a verdict. It becomes our duty, therefore, to give the jury binding instructions against the exceptants. '

¶2Gentlemen of the jury:—We direct you to find that there was not fraud and collusion between Horace B. Pepper and Rebecca P. Pepper, administratrix c. t. a. of Harriett H. Cannon, deceased.

¶3(The jury rendered its verdict accordingly.)

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