Shattuck v. Fagan

337 Mich. 83 (1953)

59 N.W.2d 96

SHATTUCK

v.

FAGAN.

Docket No. 38, Calendar No. 45,689.

Supreme Court of Michigan.

Decided June 8, 1953.

Kelley & Seelye, for plaintiffs.

William H. Wise, for defendants.

REID, J. (dissenting).

Plaintiffs, as nephew and niece and only heirs-at-law of Frank H. Shattuck, deceased, filed this bill of complaint for construction of his will. From a decree for plaintiffs, appeal was taken by Irene O'Conner, residuary legatee and devisee.

A contest in the probate court over the allowance of the will had been certified to the circuit court and on a trial before the court without a…