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Caccamo v. Banning

Superior Court of Delaware
75 A.2d 222 (1950)


Facts

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

Issue

Holding and Reasoning (Wolcott, J.)

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