Gilman v. . Reddington
New York Court of Appeals
The action, was commenced in.the Court of Common Pleas of the city and county of Mew York, by Mrs. Hannah E. Gil-man, to procure a determination as to the validity and construction of her deceased husband’s will, and for a distribution of his estate. The testator died in February, 1853, leaving his widow, the plaintiff, and three children aged, respectively, one, three and five years, the youngest of whom died about a year later.
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The action, was commenced in.the Court of Common Pleas of the city and county of Mew York, by Mrs. Hannah E. Gil-man, to procure a determination as to the validity and construction of her deceased husband’s will, and for a distribution of his estate. The testator died in February, 1853, leaving his widow, the plaintiff, and three children aged, respectively, one, three and five years, the youngest of whom died about a year later. By his will he gave some pecuniary legacies, and -to his widow he gave the interest during life, or so long as she should remain single, on certain sums of money.…
1Opinion of the Court
Comstock, Ch. J.
The principal questions in the case arise under the residuary clause of the will. By that clause, the testator devised and bequeathed the residue of his estate, real and personal and mixed, to his executors in trust to “manage” and apply the same or the income thereof, or so much of the estate or .income as they should see fit in the exercise of a sound discretion, to the education and support of his three infant children or such of them as should survive, or of the issue of any who might die, until the two youngest should attain the age of thirty years, or until those two.…
2Cases cited2 opinions
- Kilpatrick v. . JohnsonNew York Court of Appeals · 1857
- Fosdick v. CornellNew York Supreme Court · 1806
3Cited by78 opinions
- Counselman v. HitchcockSupreme Court of the United States · 1892
- Manice v. . ManiceNew York Court of Appeals · 1871
- Estate of HinckleyCalifornia Supreme Court · 1881
- Cochrane v. . SchellNew York Court of Appeals · 1894
- Cutting v. . CuttingNew York Court of Appeals · 1881
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