Legal Opinion

Dean v. Mumford

Michigan Supreme Court

Decided December 7, 1894PublishedCited by 19 opinions

Appeal from Wayne. (Frazer, J.) Bill for the construction of a will. Complainant appeals. The facts are stated in the opinion.

1Opinion of the CourtMontgomery, J.

Complainant, as one of the legatees named in the will of Horace M. Dean, filed this bill against the defendants Mumford and Frank Dean, executors, and the codefendants as legatees, asking a construction of the terms of the will, if held valid, and asserting that it is as a whole invalid, in equity.

A preliminary question is raised as to the jurisdiction, it being claimed by defendants that, except at the suit of a trustee or cestui que trust who asks a direction as to the execution of a trust, a court of chancery has no jurisdiction to construe a will or declare any or all of its provisions…

2Cases cited8 opinions

  1. Van Brunt v. . Van BruntNew York Court of Appeals · 1888
  2. Lafferty v. People's Savings BankMichigan Supreme Court · 1889
  3. Small v. MarburgCourt of Appeals of Maryland · 1893
  4. Bailey v. . BaileyNew York Court of Appeals · 1884
  5. Cummings v. CoreyMichigan Supreme Court · 1885

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
  2. Gardner v. City National Bank & Trust Co.Michigan Supreme Court · 1934
  3. Rozell v. RozellMichigan Supreme Court · 1922
  4. In re Schulz's EstateMichigan Supreme Court · 1897
  5. Northwestern Trust Co. v. GetzNorth Dakota Supreme Court · 1936

14 more not listed; retrieve them via the Exa API.

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