Legal Opinion
McIntyre v. McIntyre's Estate
Michigan Supreme Court
Decided April 6, 1909No. Docket No. 21PublishedCited by 3 opinions
Error to Lapeer; Smith, J. Marion M. McIntyre presented a deed for probate as the last will and testament of John B. McIntyre, deceased. The petition was denied in the probate court, and proponent appealed to the circuit court. There was judgment for contestant on a verdict directed by the court, and proponent brings error.
1Opinion of the CourtHooker, J.
An ordinary warranty deed containing the following unusual paragraph was offered for probate as a-will:
“It is understood that this deed is made for the purpose of creating a future estate, preserving to the grantee [grantor] hereof and his wife full use and occupancy thereof until the death of the survivor of them, to the end that the use and occupation, rental and enjoyment thereof shall be and belong to them and the survivor of them during life, and the full title and enjoyment of the above-described land shall only become operative upon the death *241of the survivor of the grantors hereof, and…
2Cases cited3 opinions
- Clay v. LaytonMichigan Supreme Court · 1903
- Hitchcock v. SimpkinsMichigan Supreme Court · 1894
- McIntyre v. McIntyreMichigan Supreme Court · 1907
3Cited by3 opinions
- Boal v. Metropolitan Museum of ArtCourt of Appeals for the Second Circuit · 1924
- Deckenbach v. DeckenbachOregon Supreme Court · 1913
- In Re Boucher's EstateMichigan Supreme Court · 1951