Hunt v. Hunt
Michigan Supreme Court
Appeal from Wayne; Carpenter and Frazer, JJ. Bill by Maria T. Hunt and others against Charles J. Hunt and the Union Trust Company, executor of the last will and testament of Hervey C. Parke, deceased, for the appointment of a trustee under the will of Maria E. Hunt, deceased. From a decree terminating the trust, and declaring defendant Hunt to be the owner of the trust property in fee, complainants appeal. Maria E. Hunt died testate.
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Appeal from Wayne; Carpenter and Frazer, JJ. Bill by Maria T. Hunt and others against Charles J. Hunt and the Union Trust Company, executor of the last will and testament of Hervey C. Parke, deceased, for the appointment of a trustee under the will of Maria E. Hunt, deceased. From a decree terminating the trust, and declaring defendant Hunt to be the owner of the trust property in fee, complainants appeal. Maria E. Hunt died testate. The first clause of her will reads thus: “ I do hereby will, devise, and bequeath to my executors, hereinafter named, and to the survivor of them, my farm in the…
1Opinion of the CourtGrant, J.
(after stating the facts). The intention of the testatrix is entirely clear. She devised the real estate to her executors as trustees, with authority to sell, and to invest the proceeds in bond and mortgage, or such other ways as the said trustees should deem safe and advisable, the receipts therefrom to be paid over to her two sons during their lives. She empowered each of them to devise the property, whether it should be realty or personalty, but, should either fail to make a will, then it was to go to the heirs of each one. This intention of the testatrix must be carried out, unless to do…
2Cases cited5 opinions
- Sears v. ChoateMassachusetts Supreme Judicial Court · 1888
- Cuthbert v. . ChauvetNew York Court of Appeals · 1893
- Tayloe v. GouldNew York Supreme Court · 1851
- Fraser v. CheneMichigan Supreme Court · 1851
- Sise v. WillardMassachusetts Supreme Judicial Court · 1895
3Cited by14 opinions
- Roberts v. Michigan Trust Co.Michigan Supreme Court · 1935
- Dickey v. WalrondCalifornia Supreme Court · 1927
- Jaffe v. HarrisMichigan Court of Appeals · 1981
- Nash v. Duncan Park CommissionMichigan Court of Appeals · 2014
- Johnson v. Superior CourtArizona Supreme Court · 1948
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