Legal Opinion

In re Shipman's Estate

New York Supreme Court

Decided July 9, 1889PublishedCited by 9 opinions

Appeal from so much of a decree made by the surrogate of the county of Hew York as requires the executor to give security as a condition of retaining the residuary estate. Eor surrogate’s opinion, see 5 H. Y. Supp. 559.

1Opinion of the Court

Barrett, J

Mrs. Shipman died in 1882, leaving a will which contained alternative provisions. By the fifteenth clause of this will she devised her *277entire 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 andcsurvived Mrs.…

2Cases cited6 opinions

  1. Smith v. . Van OstrandNew York Court of Appeals · 1876
  2. Covenhoven v. ShulerNew York Court of Chancery · 1830
  3. Bliven v. . SeymourNew York Court of Appeals · 1882
  4. Rogers v. . RogersNew York Court of Appeals · 1888
  5. Bundy v. . BundyNew York Court of Appeals · 1868

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3Cited by9 opinions

  1. Zimmerman v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
  2. In re the Accounting of WindNew York Surrogate's Court · 1955
  3. In re the Judicial Settlement of the Account of Proceedings of RichardsonNew York Surrogate's Court · 1929
  4. In re the Estate of MerrittNew York Surrogate's Court · 1944
  5. Johnson v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901

4 more not listed; retrieve them via the Exa API.

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