Legal Opinion

Estate of Shipman

New York Supreme Court

Decided May 15, 1889PublishedCited by 1 opinion

Appeal from decree of the surrogate. The facts are stated in 22 Abb. A7. G. 289, 292, where the decision appealed from is reported.

1Opinion of the Court

By the Court.*—Barrett, J.

Mrs. Shipman died in 1882 leaving a will which contained alternative provisions. *104By the fifteenth clause of this will she devised her entire residuary estate to her husband, Edgar J. Shipman, “ absolutely.” By the sixteenth clause she revoked the bequests of" the fifteenth, should children be thereafter born to and survive her. In the latter event, she devised her entire residuary estate to her husband “ during his life, to be divided equally between our surviving children after his death';” and she appointed her husband as executor.

One child was subsequently born to…

2Cases cited5 opinions

  1. Covenhoven v. ShulerNew York Court of Chancery · 1830
  2. Rogers v. . RogersNew York Court of Appeals · 1888
  3. Bundy v. . BundyNew York Court of Appeals · 1868
  4. Livingston v. . MurrayNew York Court of Appeals · 1877
  5. Spear v. TinkhamNew York Court of Chancery · 1847

3Cited by1 opinion

  1. Hazard v. PottsAppellate Terms of the Supreme Court of New York · 1903

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