In re Shailer Estate
Michigan Supreme Court
Error to Bay; Gage, J., presiding. Matilda E. Daglish presented for allowance her final account as trustee under the will of Harriet O. Shailer, deceased. From an order of the probate court settling the accounts of the trustee, after her death, and the appointment in her stead of Albert E. Miller as trustee, the Fidelity & Deposit Company of Maryland appealed to the circuit court. From the order entered, appellant brings error.
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Error to Bay; Gage, J., presiding. Matilda E. Daglish presented for allowance her final account as trustee under the will of Harriet O. Shailer, deceased. From an order of the probate court settling the accounts of the trustee, after her death, and the appointment in her stead of Albert E. Miller as trustee, the Fidelity & Deposit Company of Maryland appealed to the circuit court. From the order entered, appellant brings error. The matter in issue in this proceeding arises out of the trust created in the will of Harriet C. Shatter. The important provisions follow: “ I appoint Henry R.…
1Opinion of the CourtBrooke, J.
{after stating the facts). We will consider the claimed items of credit in their order. At the outset it is pertinent to observe that the powers conferred upon the trustee by the instrument creating the trust are peculiarly broad. The beneficiaries are each to receive from the trust fund—
“One-third of the income thereof, or so much as may be necessary to be used for their support and education, and if the income shall be insufficient, then so much of the principal as may in the discretion of said trustee or his successor in office be necessary for that purpose, and to this end I do hereby…
2Cases cited3 opinions
- Henderson v. ShermanMichigan Supreme Court · 1882
- Quimby v. UhlMichigan Supreme Court · 1902
- Skelding v. DeanMichigan Supreme Court · 1905
3Cited by6 opinions
- In Re Trusts Created by Butler Under Written Indenture of Trust Dated June 18, 1920Supreme Court of Minnesota · 1947
- Mann v. DayMichigan Supreme Court · 1917
- Johnson v. IronsideMichigan Supreme Court · 1931
- In Re Ward EstateMichigan Supreme Court · 1955
- Michigan Trust Co. v. HoffmanMichigan Supreme Court · 1914
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