Jenkinson v. Brooks
Michigan Supreme Court
Appeal from St. Clair; Nance, J. Bill by John Edward Jenkinson, an infant, by John Jenkinson, his next friend, against Sarah E. Brooks and others, to set aside certain deeds. From a decree dismissing the bill, complainant appeals. The following statement of facts is taken from the finding of the circuit judge: “George Brooks, at the time of his death, left children by a former marriage, Edward, Lillian, and Mary.
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Appeal from St. Clair; Nance, J. Bill by John Edward Jenkinson, an infant, by John Jenkinson, his next friend, against Sarah E. Brooks and others, to set aside certain deeds. From a decree dismissing the bill, complainant appeals. The following statement of facts is taken from the finding of the circuit judge: “George Brooks, at the time of his death, left children by a former marriage, Edward, Lillian, and Mary. Mary married George W. Jenkinson, and they had one child, John Edward Jenkinson, who is the complainant in this case. He afterwards married the present Sarah E. Brooks, one of the…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. Delivery of a deed to a third party, to be by him delivered to the grantee after the death of the grantor, is valid. Hosley v. Holmes, 27 Mich. 416; Wallace v. Harris, 32 Mich. 380. These authorities are approved in subsequent decisions of this court. The same rule prevails elsewhere. Wheelwright v. Wheelwright, 2 Mass. 447 (3 Am. Dec. 66); Mather v. Corliss, 103 Mass. 568; Stone v. Duvall, 77 Ill. 475; Brown v. Westerfield, 47 Neb. 399 (53 Am: St. Rep. 532). The question of delivery in such cases is one of intent. Burk v. Sproat, 96 Mich. 404.
We think it…
2Cases cited10 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Comstock v. Hadlyme Ecclesiastical SocietySupreme Court of Connecticut · 1830
- Wallace v. HarrisMichigan Supreme Court · 1875
- Brown v. WesterfieldNebraska Supreme Court · 1896
- Stone v. DuvallIllinois Supreme Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Culy v. UphamMichigan Supreme Court · 1903
- Loomis v. LoomisMichigan Supreme Court · 1913
- Noakes v. NoakesMichigan Supreme Court · 1939
- Barras v. BarrasMichigan Supreme Court · 1916
- Cooper v. CooperMichigan Supreme Court · 1910
9 more not listed; retrieve them via the Exa API.