Kelly v. Reynolds
Michigan Supreme Court
Certiorari to Macomb Circuit Court. Appeal to the Circuit Court from an order of the Probate Court dismissing a petition by Ann J. Kelly, executrix of the will of Lola Reynolds, asking for the assignment to her, as executrix, of one-third of the residue of the estate of decedent’s husband John Reynolds, such' portion of the estate being held by his executor William Reynolds.
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Certiorari to Macomb Circuit Court. Appeal to the Circuit Court from an order of the Probate Court dismissing a petition by Ann J. Kelly, executrix of the will of Lola Reynolds, asking for the assignment to her, as executrix, of one-third of the residue of the estate of decedent’s husband John Reynolds, such' portion of the estate being held by his executor William Reynolds. The Circuit Court affirmed the order, and the petitioner brings up the proceedings by writ of certiorari;
1Opinion of the CourtCooley, J.
What did the testator mean by the first clause in his will, is the only question which this record presents. The plaintiff says he meant to have his widow take so much of his estate as would have passed to or been set off to her under the statutes had he died intestate. The defendant, on the other hand, says his intent was that she should take so much only as she would take under the statute after giving effect to all • the gifts he makes to others by the will. The difference is important; according to the one construction the widow would share 4n the personal estate after the legacies to the…
2Cited by9 opinions
- Glover v. ReidMichigan Supreme Court · 1890
- In re the Estate of GotzianSupreme Court of Minnesota · 1885
- In Re Miller's Estate.Supreme Court of Iowa · 1952
- Murdoch v. BilderbackMichigan Supreme Court · 1900
- In re Sjurson's EstateSouth Dakota Supreme Court · 1912
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