Clay v. Layton
Michigan Supreme Court
Appeal from Lenawee; Chester, J. Bill by Frank W. Clay, administrator of the estate of Abel Whitney, deceased, against Sarah Layton, Sarah A. Kline Frary, and forty-three others, to determine the proper disposition of the property of decedent. From the decree rendered, the above-named defendants appeal. Abel Whitney, a wealthy widower, died at Adrian October 18, 1899, leaving no descendants.
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Appeal from Lenawee; Chester, J. Bill by Frank W. Clay, administrator of the estate of Abel Whitney, deceased, against Sarah Layton, Sarah A. Kline Frary, and forty-three others, to determine the proper disposition of the property of decedent. From the decree rendered, the above-named defendants appeal. Abel Whitney, a wealthy widower, died at Adrian October 18, 1899, leaving no descendants. His heirs consisted of Sarah Layton, a sister, of Wapakoneta, Ohio, and numerous nephews and nieces residing in Michigan and elsewhere. Soon after Abel Whitney’s death, the complainant was appointed…
1Opinion of the CourtHooker, C. J.
(after stating the facts). Complainant contends:(1) That the acts of the deceased constituted him a trustee for the several persons named in the papers executed by him.(2) That, if not, the deeds and assignments should be held to operate as a testamentary disposition of the property therein described.
Counsel for the defendants discuss three questions, into which they say that the case should be resolved, viz.:
“(1) Are the checks, including the one to Mrs. Freitag, legal transfers of the funds in the bank, and are the payees named therein entitled to draw the money from the bank thereon, or…
2Cases cited47 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- Young v. . YoungNew York Court of Appeals · 1880
- Wall v. WallMississippi Supreme Court · 1855
- Sharp v. HallSupreme Court of Alabama · 1888
- Ellis v. SecorMichigan Supreme Court · 1875
42 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Noble v. LearnedCalifornia Supreme Court · 1908
- Noble v. FickesIllinois Supreme Court · 1907
- In re Dowell's EstateMichigan Supreme Court · 1908
- Campbell v. SechMichigan Supreme Court · 1909
- Cook v. SadlerMichigan Supreme Court · 1921
21 more not listed; retrieve them via the Exa API.