In re Bartlett
New York Surrogate's Court
The deceased left an estate of over $200,000, about $195,000 of which was personal. He left a will in which, among other things, he states that on the 1st day of July, 1890, he gave to his daughter, Elizabeth W. Bartlett, fifteen railroad bonds of the denomination of $1,000 each, which gift he, by his will, confirms.
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The deceased left an estate of over $200,000, about $195,000 of which was personal. He left a will in which, among other things, he states that on the 1st day of July, 1890, he gave to his daughter, Elizabeth W. Bartlett, fifteen railroad bonds of the denomination of $1,000 each, which gift he, by his will, confirms. He then provided as follows: “ All the rest, residue and remainder of my property and estate, I give to my wife Harriet for her use during her natural life, and at her death the whole thereof (including the indebtedness to my estate of my sons William C. and Edward C. for moneys…
1Opinion of the Court
Coffin, S.
Ho evidence is furnished in this matter other than the will of the deceased, and the decision of the question depends upon the construction of the will and the original intention of the testator as gathered therefrom, in reference to the several sums claimed to be exempt. An advancement is somewhat in the nature of a gift, in this respect, that the person making it, thereby abandons all right of control and ownership of the subject. Indeed, an advancement is an irrevocable gift by a parent to a child, in anticipation of such child’s future share of the parent’s estate. Clearly, the…
2Cited by1 opinion
- Ebeling v. EbelingNew York Supreme Court · 1908