PLEASANTON v. BELL, 1 Del. Cas. 511 (1814)

Clayton’s Notebook, 31

Supreme Court of Delaware, Kent County.
October, 1814.

Page 512

Appeal from the Orphans’ Court. Pursuant to an order of the Orphans’ Court, the real estate of Deborah Lewis, deceased, was in the lifetime of her husband, Stephen Lewis, who was tenant by the curtesy, divided among her heirs.

PER CURIAM.

We have no doubt of the law applicable to this case. The purparties of the heirs could not be allotted during the lifetime of tenant by the curtesy. The proceedings in the court below are therefore erroneous.

Let them be reversed.

Clayton for appellant. Ridgely for respondents.