Legal Opinion

Moore v. O'Leary

Michigan Supreme Court

Decided April 7, 1914No. Docket No. 77PublishedCited by 7 opinions

Appeal from St. Clair; Law, J. Bill by Alexander Moore, as executor of the estate of Alice O’Leary, deceased, against James A. O’Leary and others for the construction of a will. From a decree for complainant, defendants appeal.

1Opinion of the CourtOstrander, J.

(after stating the facts). The testatrix has not indicated, in her testament, the objects of her bounty, specially or generally, except that St. Stephen’s Church of Port Huron is named as a beneficiary, and the purpose of the gift to it, but not the amount of the gift, is stated. No scheme of charity or of charitable distribution is indicated, nor whether individuals or private or public institutions are objects of her bounty. A purpose to devote the residue *267iof her estate to charity is indicated, but not a purpose to devote it to charity generally. The trustee nominated in the codicil has…

2Cases cited20 opinions

  1. Tilden v. . GreenNew York Court of Appeals · 1891
  2. Allen v. . StevensNew York Court of Appeals · 1899
  3. Harrington v. PierWisconsin Supreme Court · 1900
  4. Dodge v. WilliamsWisconsin Supreme Court · 1879
  5. In Re the Probate of the Will ShattuckNew York Court of Appeals · 1908

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3Cited by7 opinions

  1. Chicago Bank of Commerce v. McPhersonCourt of Appeals for the Sixth Circuit · 1932
  2. Loomis v. MackMichigan Supreme Court · 1915
  3. Love v. SullivanMichigan Court of Appeals · 1966
  4. Ex Parte NashNevada Supreme Court · 1933
  5. Chicago Bank of Commerce v. McPhersonDistrict Court, W.D. Michigan · 1931

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