Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-06-12
COURT OF GHANCERy.

Chancellor Nicholson held Chancery
ana Orphans Court Monaay and in the
former handed down five decisions. In
the case Of Fannie S. Lane, adlninistra-
trix of jesse Lane the younger vs..
Martin Lane, trustee under tho last
will and testament of Jesse Lane, the
question was as to thu construction Of
tuo will Of Augustin Lane, Il sen of the
elder jesse Lane The elder Jesse had
| left $50, 600 in trust to Augustin, with
power TO Augustin to dispose Of it by
will. Thp younger Jesse was the son
of Augustin, and the plaintiff, Fannie
S. Lane. was his mother and Augustin's
wife. The Chancellor's decision was
that Augrstin had not executed the
power. So the $40, O00 will go as
directed generally under the will of the
| elder Jesse Lane, and this means that
it will so to Mrs Fannie $. Lane.
In the case of Max Schwartz, ct al,
VS.. jennie Gray. ct al, an application
to have execution on u Judgment en-
| Joined, tho Chancellor dismissed the
bill, leaving the plaintiff to seek a
legal remedy.
nltu rele.ence TO the application Of
tho poconn leo Go. to have u chattel
mortgage against tho Hygeia Ice Co.,
foreclosed, tho Chancellor denied the
application, holding that after tho
appointment of the receiver creditors
could not proceed to sell on mortgages
or judgments without leave of tho
court, which would not be granted in
this case, it appearing that tho validity
of tho chattel mortgage under question
was in dispute on account OF the exist
ence of % subsequent contract which
was presented and proved and appeared
on its face to he u substitute for the
chattal mortgage.
In the case of Margery Murphy VS..
Josephine Mctirellis, ct al, exceptions
had been filed to the answer, which
the Chancellor overruled, explaining
that the exceptions might possibly have
been sustained under the old Practice
in which the bill contained interroga
, tories. but that under the rules estao
] lished by Chancellor Bates, the answe
, raised an issue and was sufficient.
| In the Thomas and Davis Co., re
! Ownership, an application was made 70
a sale, but as the questions involved
I are pending in tho New Jersey Cour
of Chaucory where a decision is shortl
. expected tho Chancellor decided t.
t await the decision.
a James l.. Wolcott, administrator, wa
' granted an order to sell real estate q
: James IL. Mason.
@ The Equitable Guarantee and Trus
s CO., guardian of Gertrude Hughes, w
n s. Prickett trustee of Annie Il. Chan
It hers, made return of the sale of rel
i. estate which woro approved.
On tho application Of Anthony Hie
n gins, Horace Greeley Fastburn wa
y admitted to practice in Chancery.
d In the Court of Chancery Monda
l. Alvin Il. Morrison and A. D. Warner
t. receivers for the Delaware Construc
N ton Co, made return to the cour
n along with an application to sell II
IN company's effects, but the Chancellc
a. did not make the order for the salo
in the property. The order will be mac
70 in the near future, however. Lindlr
ii G. Kent made return of the sale of IL
ii effects OF tho j. 4, Clymer Co., whic
was confirmed. Francis q. du Pom
e. retired as trustee under the will
of Sophia du Pont and the Equitah
ii Guarantee and Trust Co. was appointt
O. trustee in his steal In tho case
t, Sarah S. Hall, ct al, VS.. Annie n
IS Hnopes, OF al, an order was grantl
i'll for the sale of real estate.