Legal Opinion
Scheibner v. Scheibner
Michigan Supreme Court
Decided December 28, 1917No. Docket No. 115PublishedCited by 1 opinion
Appeal from Wayne; Kendrick, J., presiding. Bill by Charles G. Scheibner against Louisa Scheibner and others for a construction of a will. From a decree denying a motion to dismiss, defendants appeal.
1Opinion of the CourtMoore, J.
The bill of complaint avers, in substance, that Ferdinand Scheibner died in Canada, leaving a will which was probated in Canada, in which he gave to a nephew $1,000, to a niece $1,000, and. to the children of a deceased brother $1,500. The will then reads:
*631“Fifth. I give, devise and bequeath all the rest and residue of my estate, both real and personal and wherever situated unto my trustees hereinafter named upon the following trusts:
“I. To pay the income or revenue arising therefrom unto my wife, Louisa Scheibner for her own use absolutely and to permit her to use and occupy my homestead…
2Cases cited7 opinions
- Wager v. . WagerNew York Court of Appeals · 1882
- Van Gallow v. BrandtMichigan Supreme Court · 1912
- Foster v. StevensMichigan Supreme Court · 1906
- McInerny v. HaaseMichigan Supreme Court · 1910
- Otis v. ArntzMichigan Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Scheibner v. ScheibnerMichigan Supreme Court · 1922