Sprague v. Trustees of Protestant Episcopal Church
Michigan Supreme Court
Appeal from Oakland; Smith, J. Bill by Silas H. Sprague and others against the trustees of the Protestant Episcopal church of the diocese of Michigan for an accounting and to construe a will. From a decree for defendants, complainants appeal.
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Appeal from Oakland; Smith, J. Bill by Silas H. Sprague and others against the trustees of the Protestant Episcopal church of the diocese of Michigan for an accounting and to construe a will. From a decree for defendants, complainants appeal. The complainants herein, 25 in number, are all heirs at law and next of kin of one Leonard Sprague, who died in the year 1880 leaving a last will and testament by the terms of which he devised to the Church Association of Michigan the residue of his estate in trust for certain charitable uses. Some seven individuals, likewise heirs at law of the said…
1Opinion of the CourtBrooke, C. J.
(after stating the facts). In considering the question here presented, it is, we think, unnecessary to determine whether the trust created by the will of Leonard Sprague is valid or invalid. If valid, the complainants have no standing in court; if invalid, it would seem to be elementary that, from the moment the trustee qualified as such and took possession of the property under the terms of the will by which a certain trust was sought to be created, the trustee held the same under a resulting trust in favor of the testator’s heirs, among whom stand complainants and their ancestors. This…
2Cases cited10 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Lyford v. LaconiaSupreme Court of New Hampshire · 1909
- Campau v. Van DykeMichigan Supreme Court · 1867
- Tincher v. ArnoldCourt of Appeals for the Seventh Circuit · 1906
- Compo v. Jackson Iron Co.Michigan Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Holzbaugh v. Detroit Bank & Trust Co.Michigan Supreme Court · 1963
- Minneapolis Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1928
- Minneapolis Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1928