Shepard v. Burr
Court of Chancery of Delaware
Bill for the Construction of a Will. Dr. Horace Burr, of New Castle Hundred, died January 10, 1899, and by his will provided, as follows: “Third.
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Bill for the Construction of a Will. Dr. Horace Burr, of New Castle Hundred, died January 10, 1899, and by his will provided, as follows: “Third. Should my wife, Mary Burr survive me it is my will that my estate shall not be settled and distributed until after her death, and that she, with my two unmarried daughters, Mary S. Burr and Clara A. Burr, shall occupy and have the use of the homestead where I now reside, and also their support and maintenance from my estate during the life of my said wife; and in case either or both of my said daughters should marry before the death of my said wife,…
1Opinion of the Court
The Chancellor.
The first question is whether the release by the widow of the testator of all the provisions made for her in the will of her husband accelerated the time for the distribution of the principal of the trust estate, without waiting for the death of the widow. If the whole income of the trust estate were payable to the testator’s widow for life, the extinguishment of her interest, by a release thereof to the trustees, would accelerate the distribution of the estate among those entitled to it at her death. 40 Cyc. 1992; Slocum v. Hagaman, 176 Ill. 533, 52 N. E. 332; Trustees of…
2Cases cited6 opinions
- Estate of VanceSupreme Court of Pennsylvania · 1891
- Slocum v. HagamanIllinois Supreme Court · 1898
- Trustees Church Home v. MorrisCourt of Appeals of Kentucky · 1896
- In re Schulz's EstateMichigan Supreme Court · 1897
- Sherman v. BakerSupreme Court of Rhode Island · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Roe v. DoeSupreme Court of Delaware · 1914
- Equitable Trust Co. v. ProctorCourt of Chancery of Delaware · 1943
- Bank of Delaware v. SmithCourt of Chancery of Delaware · 1965
- Bank of Delaware v. ClarkCourt of Chancery of Delaware · 1968
- Bank of Delaware v. SmithCourt of Chancery of Delaware · 1965