Clayton’s Notebook, 142
Orphans’ Court of Delaware.
1821.
I petitioned for her dower in the lands of John Ralston, deceased. He died in 1803, leaving in his will her, as his executrix, and his son, James B. Ralston, executor. They both gave bond and took letters testamentary, but James alone acted; i.e., all the accounts were in his name as acting executor. The lands of John Ralston were, in obedience to his will, about eighteen years before, divided among his heirs by a partition under an Order of Court (Common Pleas). And she had laid by all that time without claiming her dower. The lands of James were now about to be sold. And now Hall, for the Trustees of the Poor of Kent County, to whom James had sold part of his share, opposed me.
J. M. Clayton. The lapse of time is nothing if short of twenty years. And the case of Kennedy v. Nedrow and Wife et al., 1 Dall. 417, 418, is in point to show that even if she had acted as executrix or claimed under the will (made before 1816) any interest whatever, and even if she had been a party to a partition, she is not barred of her dower. Every will at common law and before 1816 imported a bounty.
Hall urged the lapse of time and then partition.
THE CHANCELLOR, on the case, 1 Dall., decreed for the petitioner.
[Pages 152-155 in Clayton’s Notebook are blank.]
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