In re McLennan's Estate
Michigan Supreme Court
Error to Lapeer; Smith, J. J. Herbert Cole, executor of the estate of John Mc-Lennan, deceased, presented his final account for allowance. From an order of the probate court allowing such account, and ordering one-half of the estate to be paid to said Cole as legatee, Mary McRae appealed to the circuit court. Order affirmed, and appellant brings error.
1Opinion of the CourtSteere, J.
This case involves a construction of the will of John McLennan, to determine between two of the beneficiaries which must bear the loss occasioned by the election of his widow to take her statutory and dower rights in his estate.
Testator was a resident of Lapeer, Mich., and died November .16, 1910. On the previous day, November 15th, just before undergoing a surgical operation which he did not survive, he made his will, which, omitting the formal parts, is as follows;
*597“First. I will and direct that all my just debts and funeral expenses be paid in full.
“Second. I give, devise and bequeath my…
2Cases cited3 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Miller v. StepperMichigan Supreme Court · 1875
- Johnson v. MillerMississippi Supreme Court · 1857
3Cited by18 opinions
- In Re Cole EstateMichigan Court of Appeals · 1982
- In Re Estate of ReynoldsMichigan Supreme Court · 1936
- Morrow v. Detroit Trust CompanyMichigan Supreme Court · 1951
- St. Louis Union Trust Company v. KruegerSupreme Court of Missouri · 1964
- In Re Povey's EstateMichigan Supreme Court · 1935
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