Mutual Life Insurance v. Shipman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January 1889, which reversed a judgment in favor of defendant, entered npon a decision of the court on trial at an equity term. This was an action for the foreclosure of a mortgage. The facts are sufficiently stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January 1889, which reversed a judgment in favor of defendant, entered npon a decision of the court on trial at an equity term. This was an action for the foreclosure of a mortgage. The facts are sufficiently stated in the opinion. The children of the testator took, under the will, an absolute fee in the real estate devised, subject, however, to a general power in trust in the executrix (which did not cease upon her remarriage) to mortgage the same,…
1Opinion of the Court
Rugeb, Ch. J.
Parson G-. Shipman died January 18, 1871, leaving him surviving Elizabeth L. Shipman, his widow, and seven children, and owning real estate, which he devised to his wife so long as she should remain his widow, and upon her death or marriage to the children born to him by her. The widow was made executrix of the will, and was authorized to make advances from the property, in her discretion, from time to time, to his several children ££ for maintenance and support,” and was empowered to mortgage, lease and dispose of such property for the purpose of carrying into effect the…
2Cases cited5 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Garlick v. StrongNew York Court of Chancery · 1831
- Tompkins v. FondaNew York Court of Chancery · 1834
- Marvin v. . SmithNew York Court of Appeals · 1871
3Cited by35 opinions
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Morffew v. S.F. & San Rafael R.R.California Supreme Court · 1895
- Morris v. GlaserNew Jersey Court of Chancery · 1930
- Lardner v. WilliamsWisconsin Supreme Court · 1898
- Marsh v. . Consumers Park Brewing Co.New York Court of Appeals · 1917
30 more not listed; retrieve them via the Exa API.