Superior Court of Delaware
75 A.2d 222 (1950)
Benjamin Potter died leaving a will that bequeathed a life estate in real property to his wife. The will provided that the real estate should pass in fee simple to his granddaughter, Anna Caccamo (plaintiff), upon the death of Potter’s wife. The will further provided that if Caccamo died without surviving children, the real estate should pass in fee simple to the children of William Potter. After Potter’s wife died, Caccamo sold the real estate at auction. The property was purchased by Banning (defendant), who agreed to pay the purchase price upon receipt of good title. When Caccamo presented a deed to the property, Banning refused to accept it on the grounds that Caccamo could not deliver marketable title because the terms of Potter’s will did not convey fee simple title. Caccamo brought suit for the balance of the purchase price.
Rule of Law
Holding and Reasoning (Wolcott, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.