Van Cleve v. Van Fossen
Michigan Supreme Court
Error to Wayne. (Reilly, J.) Appeal from order of distribution of personal estate. The facts are stated in the opinion. 1. The word “children” in wills and statutes has often been held to mean the same as issue, and to include grandchildren; citing 1 Bouv. Law Die. and cases cited. 2. “Children” held to be synonymous with “issue” very often; citing Barnes v. Huson, 60 Barb. 608; Proivitt v. Rodman, 37 N. Y. 42; Royle v. Hamilton, 4 Ves. Jr. 437; 2 Eedf.
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Error to Wayne. (Reilly, J.) Appeal from order of distribution of personal estate. The facts are stated in the opinion. 1. The word “children” in wills and statutes has often been held to mean the same as issue, and to include grandchildren; citing 1 Bouv. Law Die. and cases cited. 2. “Children” held to be synonymous with “issue” very often; citing Barnes v. Huson, 60 Barb. 608; Proivitt v. Rodman, 37 N. Y. 42; Royle v. Hamilton, 4 Ves. Jr. 437; 2 Eedf. Wills, 15, 16; Wyth v. Blaekman, 1 Ves. 196. 3. After a very careful review of the cases, it has been held that the word “children” in a…
1Opinion of the CourtChamplin, J.
In 1886, Abby Patchin died intestate, leaving personal property of the value of about $10,000, to be administered in the probate court for the county of Wayne. She left no issue, nor father nor mother, nor brother nor sister, living at the time of her death.
In such case the statute relating to the distribution of personal property of intestates provides that—
“The residue of the personal estate shall be distributed in the same proportions, and to the same persons, and for the same purposes, as prescribed for the descent and disposition of real estate.” How. Stat. § 5847.
*344Her sister, Eliza Van…
2Cases cited2 opinions
- Bigelow v. MorongMassachusetts Supreme Judicial Court · 1869
- Quinby v. HigginsSupreme Judicial Court of Maine · 1837
3Cited by16 opinions
- MacDonald v. QuimbyMichigan Supreme Court · 1957
- Clark v. MackMichigan Supreme Court · 1910
- Benson v. BensonSupreme Court of Minnesota · 1923
- Douglas v. CameronNebraska Supreme Court · 1896
- Lowrey v. Le FloreSupreme Court of Oklahoma · 1915
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