Legal Opinion
In re the Estate of Chapoton
Michigan Supreme Court
Decided January 22, 1895PublishedCited by 6 opinions
Error to Wayne. (Hosmer, J.) Appeal from an order of the probate court denying the right of the wards of the appellant to share in the distribution of the estate of their granduncle. The guardian brings error from a judgment of the circuit court affirming the order appealed from. The facts are stated in the opinion.
1Opinion of the CourtHooker, J.
This record raises the question of the right of grandchildren of a deceased brother to inherit a portion of the estate of the intestate, in a case where brothers and sisters of the intestate survived him. This depends upon the construction of the word “ children ” in the second subdivision of section 5772a, 3 How. Stat., which provides that—
“ If the intestate shall leave no issue, father, or mother, his or her estate shall descend, subject to the provision herein made for the widow or husband, if a widow or husband survive the deceased, in equal shares to his or her brothers and sisters, and…
2Cases cited3 opinions
- Adams v. Law Ex Rel. RobinsonSupreme Court of the United States · 1855
- Bigelow v. MorongMassachusetts Supreme Judicial Court · 1869
- In re CurryCalifornia Supreme Court · 1870
3Cited by6 opinions
- Brown v. BrownNebraska Supreme Court · 1904
- Lowrey v. Le FloreSupreme Court of Oklahoma · 1915
- Downing v. BirneyMichigan Supreme Court · 1897
- In re the Estate of RobertsWashington Supreme Court · 1915
- In re Klein's EstateMichigan Supreme Court · 1908
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