In Re Proving the Will of Seaman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1915, which affirmed a decree of the Hew York County Surrogate’s Court admitting to probate the will of Egbert B. Seaman, deceased, and declaring the provisions of the fourth, fifth, sixth and seventh paragraphs of said will to be in all respects valid. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 22, 1915, which affirmed a decree of the Hew York County Surrogate’s Court admitting to probate the will of Egbert B. Seaman, deceased, and declaring the provisions of the fourth, fifth, sixth and seventh paragraphs of said will to be in all respects valid. The facts, so far as material, are stated in the opinion. The conditions limiting the absolute gift and the trust created for the benefit of Frances Oakley are illegal on the ground of public policy, as being equivalent to…
1Opinion of the Court
Willard Bartlett, Ch. J.
This controversy relates to the validity of certain provisions in the last will and testament of Egbert B. Seaman, deceased, late of the city of New York, who died on the 27th of June, 1914. By his will, which was executed on February 15, 1912, he devised and bequeathed his entire estate to his executors and trustees to pay the net income thereof to his wife Maria T. Seaman during her life. Upon the death of his wife or upon his own death, in case she died first, he directed his executors and trustees to divide the principal of his estate into three equal shares, one…
2Cases cited5 opinions
- Robinson v. . MartinNew York Court of Appeals · 1910
- Hogan v. . CurtinNew York Court of Appeals · 1882
- Bradish v. BlissSupreme Court of Vermont · 1862
- Cowley v. TwomblyMassachusetts Supreme Judicial Court · 1899
- Daboll v. MoonSupreme Court of Connecticut · 1914
3Cited by19 opinions
- In Re the Will of LibermanNew York Court of Appeals · 1939
- In re the Estate of ForteNew York Surrogate's Court · 1933
- Gordon v. GordonMassachusetts Supreme Judicial Court · 1955
- US Bank of Portland v. SnodgrassOregon Supreme Court · 1954
- In re KempfAppellate Division of the Supreme Court of the State of New York · 1937
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