Shepard v. Burr

Citations

• 10 Del. Ch. 182
• 87 A. 1020
• 1913 Del. Ch. LEXIS 18

Syllabus

<p>Where the testator provided that during the life of his wife, she and his two daughters were to occupy the homestead and to receive support from the estate, and at the death of the wife the estate be distributed, a release shortly after testator’s death by the wife of all her interest under the will did not accelerate the distribution of the estate, since during the wife’s life the daughters had the right to occupy the homestead and receive support and maintenance.'</p> <p>Where testator provided that the estate was not to be settled and distributed until after the death of his wife, and that she, with his two daughters should occupy the homestead, and alsp receive support from the estate, and at her death the estate be distributed, the right of the widow and daughters to support and maintenance was not dependent upon their continued occupation of the homestead.</p> <p>Where testator provided that his daughter was to receive support and maintenance from his estate, the daughter was only entitled to what was reasonably necessary for that purpose, and generally it is for the testamentary trustees to decide what is a proper amount for such purpose, according to the condition in life of the beneficiary, subject to control in case of an abuse of discretion.</p>