Kirsher v. Todd
Michigan Supreme Court
Appeal from Allegan; Cross, J. Bill by Eldora A. Kirsher against Cornelia J. Todd for a decree requiring defendant to reconvey to plaintiff a one-half interest in certain real property and for the cancellation of a certain deed. From a decree for plaintiff, defendant appeals. In the year 1899 one Elijah Jones died at Des Moines, Iowa, testate. By his will he devised and bequeathed his entire estate to his wife, Eliza A. Jones.
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Appeal from Allegan; Cross, J. Bill by Eldora A. Kirsher against Cornelia J. Todd for a decree requiring defendant to reconvey to plaintiff a one-half interest in certain real property and for the cancellation of a certain deed. From a decree for plaintiff, defendant appeals. In the year 1899 one Elijah Jones died at Des Moines, Iowa, testate. By his will he devised and bequeathed his entire estate to his wife, Eliza A. Jones. He had two daughters, the plaintiff, Eldora A. Kirsher, and the defendant, Cornelia J. Todd. Immediately after his death his daughter, the plaintiff herein, contested…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is to be noted that at the time the order for distribution was made, by the terms of which the plaintiff was given an undivided one-half of the Allegan county farm, the defendant had in her possession and of record a quitclaim deed from the plaintiff to her of all plaintiff’s interest in said farm. - Assuming the validity of said deed, the construction given the will in the probate court for the county of St. Clair, whether right or wrong, was of no consequence to defendant. That order of distribution was made on May 12, 1913. Plaintiff was advised of the…
2Cases cited4 opinions
- Johnson v. SkinnerMichigan Supreme Court · 1914
- Stender v. StenderMichigan Supreme Court · 1914
- Bills v. PutnamSupreme Court of New Hampshire · 1888
- Rue v. . ConnellSupreme Court of North Carolina · 1908
3Cited by21 opinions
- In Re Scheyer's EstateMichigan Supreme Court · 1953
- Hay v. HayMichigan Supreme Court · 1947
- Detroit Wabeek Bank & Trust Co. v. City of AdrianMichigan Supreme Court · 1957
- In Re Brown's EstateMichigan Supreme Court · 1949
- In Re Patterson's EstateMichigan Supreme Court · 1924
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