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8 Del. Ch. 186

Flinn v. Frank

Court of Chancery of Delaware

Decided March 15, 1898

Court of Chancery of Delaware · decided 1898-03-15

Bill by Executor in the Nature of a Bill for Instructions.—The complainant was the executor and trustee under the will of William M. Parkin, deceased. It appeared that the testator had. made a last will and testament, bearing date July 31, 1891, and duly executed at Newport, New Castle County, where the testator then resided.

Good law ✅— No negative treatment on recordhow we know

Decided 1898-03-15

How this case has been cited

Cited by 5 later decisions — most recently July 1939

5 state decisions

3018981900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Chancellor

¶1considered that the paper writing dated July 31, 1891, and proved in New Castle County as the last will and testament of William M. Parkin, deceased, and the paper writing executed by him in England, under date of January 9, 1893, proved in England as his last will and testament, together constitute the last will and testament of the said William M. Parkin, deceased, it appearing that the execution of the paper writing proved as a will in England is a sufficient execution under our own statute; and he was of opinion that it appears, upon consideration of the entire will, composed of the said two paper writings, to have been the *192intention of the testator that the real estate in the town of Newport, Delaware, described' in the bill, should be sold, and that an implied power of sale was thereby conferred upon and vested in the complainant, as trustee, who was thereby authorized and directed and empowered to sell the same and to distribute the proceeds of such sale as directed by the said last will and testament, .(the English will) and a decree was entered accordingly.

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