Shipman v. . Rollins
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 May 28,1884, which reversed in part and affirmed in part a judgment entered upon a decision of the court at Special Term.
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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 May 28,1884, which reversed in part and affirmed in part a judgment entered upon a decision of the court at Special Term. (Reported below 33 Hun, 89.) ^ This action was brought by plaintiff as surviving executor" of the will of Daniel Fanshaw, deceased, to obtain a judicial construction of his will and directions as to the disposition of so much of the estate as remained undistributed. The provisions of the will in question are as follows: “ Second — I give, devise and…
1Opinion of the CourtMilleb, J.
The testator by his will devised to his widow, during her natural life, the use, net income and profits of his residence on Third avenue in the city of Hew York, and the nineteen lots and gores connected therewith. He also directed his executors to sell so much of his real estate, not specifically devised, as would be sufficient to produce an annual income of $1,500 by investing the proceeds in bonds and mortgages, which annuity was to be paid to the widow of the deceased in semiannual installments as Iona- as she mia-ht live. Provision was also made for the sale of any portion of the real…
2Cases cited5 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Holmes v. . MeadNew York Court of Appeals · 1873
- Power v. . CassidyNew York Court of Appeals · 1880
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Burrill v. . BoardmanNew York Court of Appeals · 1871
3Cited by75 opinions
- Rudd v. . CornellNew York Court of Appeals · 1902
- Herzog v. . Title Guarantee Trust Co.New York Court of Appeals · 1903
- Wright v. . WrightNew York Court of Appeals · 1919
- Booth v. Baptist Church of Christ of PoughkeepsieNew York Court of Appeals · 1891
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
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