Miltenberger v. Swartz

This case presents the question whether the dower statute, MCL 700.2202(2)(c),1 denies respondent the equal protection of the laws. We hold that it does not.

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James Miltenberger was married to petitioner, Sharon Miltenberger. Respondent Sandra Swartz, was James’s child from a previous marriage. James Milten-berger died in 2004.

Petitioner sought to take her statutory dower interest in certain property her husband owned before his death, MCL 700.2202(2)(c), in lieu of taking under the decedent’s will, which left her nothing. Respondent filed a motion for summary disposition under MCR 2.116(C)(8)…