Delafield v. Shipman
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, first department, affirming a judgment of fhe Special Term. This action was brought for the construction of the will of Richard Delafield, deceased. Testator died November 5. 1873, leaving a will dated January 17 of the same year.
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Appeal from a judgment of the General Term of the Supreme Court, first department, affirming a judgment of fhe Special Term. This action was brought for the construction of the will of Richard Delafield, deceased. Testator died November 5. 1873, leaving a will dated January 17 of the same year. He left a widow then aged sixty-two years, and six children, five daughters and one son, all unmarried adults, ranging from twenty-four to thirty-seven years of age, and all members of his family. After several devises and bequests, the will contained the following clause : “ All the rest, residue and…
1Opinion of the CourtEarl, J.
We agree with the court below and with the .contention of the respondents, that the corpus of the residuary; estate did not, during the life of the widow, vest in the }€|stator’.s children, and for this conclusion the cases of Warner v. Durant (76 N. Y. 133); Smith v. Edwards (88 N. *295Y. 92), and Shipman v. Rollins (98 N. Y. 311), are ample authority.
The whole income is not given to the children during the- life of the widow, and during her life the estate is vested in the trustees. There is no direct gift to the children, but simply a direction for a division among them after the death of the…
2Cases cited25 opinions
- Manice v. . ManiceNew York Court of Appeals · 1871
- Moore v. LyonsNew York Supreme Court · 1840
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Warner v. . DurantNew York Court of Appeals · 1879
- Livingston v. . GreeneNew York Court of Appeals · 1873
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3Cited by2 opinions
- Talmadge v. SeamanNew York Supreme Court · 1895
- In re the Judicial Settlement of the Account of MeikleNew York Surrogate's Court · 1889