Delafield v. . Shipman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 9, 1885, which aífirmed a judgment entered upon a decision of the court on trial at Special Term. (Eeported helow, 34 Hun, 514.) This action was brought for the construction of the will of Eichard Delafield, deceased.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 9, 1885, which aífirmed a judgment entered upon a decision of the court on trial at Special Term. (Eeported helow, 34 Hun, 514.) This action was brought for the construction of the will of Eichard Delafield, deceased. The will was dated January 17, 1873, and the testator died on the 5th day of November following, leaving a widow then aged sixty-two years and six children — five daughters and one son — all unmarried adults and members of his family. After several…
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 testator’s children, and for this conclusion the cases of Warner v. Durant (76 N. Y. 133), Smith v. Edwards (88 id. 92), and Shipman v. Rollins (98 id. 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 widow. In…
2Cases cited2 opinions
- Warner v. . DurantNew York Court of Appeals · 1879
- Hoppock v. . TuckerNew York Court of Appeals · 1874
3Cited by69 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Rudd v. . CornellNew York Court of Appeals · 1902
- Connelly v. . O'BrienNew York Court of Appeals · 1901
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Wright v. . WrightNew York Court of Appeals · 1919
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