Legal Opinion

Michigan Home Missionary Society v. Corning

Michigan Supreme Court

Decided February 1, 1911No. Docket No. 70PublishedCited by 8 opinions

Appeal from Saginaw; Gage, J. Bill by the Michigan Home Missionary Society against Lucy W. Corning and Ida C. Oxtoby, executors of the estate of Gurdon Corning, deceased, and Alexander M. Lemke, for an accounting. From a decree for complainant, defendants appeal.

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Appeal from Saginaw; Gage, J. Bill by the Michigan Home Missionary Society against Lucy W. Corning and Ida C. Oxtoby, executors of the estate of Gurdon Corning, deceased, and Alexander M. Lemke, for an accounting. From a decree for complainant, defendants appeal. The last will and testament of Louise C. Bartlett, who died October 26, 1903, was duly probated November 30, 1903. In her said will, the testatrix nominated and appointed Gurdon Corning and Alexander M. Lemke executors, and also appointed them trustees to receive the trusts, devises, and bequests made in the will, and to carry out…

1Opinion of the CourtOstrander, C. J.

(after stating the facts). 1. The trustees and the beneficiary were entitled to receive from decedent’s estate $5,000 in cash. The investment of this fund, contemplated by the will, was a permanent investment, the earnings to be paid annually to the complainant. The note in question was what is known as short-time paper. It fell due during the period required for administering the estate. It had run the- time the testatrix agreed that it might run. That it was on hand when the executors proposed to close the estate must be attributed to the fact that the trustees, who were also executors,…

2Cases cited4 opinions

  1. Gibney v. AllenMichigan Supreme Court · 1909
  2. Mattocks v. MoultonSupreme Judicial Court of Maine · 1892
  3. Caspari v. CutcheonMichigan Supreme Court · 1896
  4. Wooden v. KerrMichigan Supreme Court · 1892

3Cited by8 opinions

  1. Chapin v. ChapinMichigan Supreme Court · 1924
  2. Roberts v. Michigan Trust Co.Michigan Supreme Court · 1935
  3. In Re Culhane's EstateMichigan Supreme Court · 1934
  4. Walker v. BuhlMichigan Supreme Court · 1920
  5. Raseman v. RasemanMichigan Supreme Court · 1926

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