In re the Estate of Smith
Michigan Supreme Court
Error to Wayne. (Jennison, J.) John L. Smith appealed from an order of the probate court of Wayne county, allowing his father’s widow one half of the residue of his personal estate, which order was reversed and the claimant brings error.
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Error to Wayne. (Jennison, J.) John L. Smith appealed from an order of the probate court of Wayne county, allowing his father’s widow one half of the residue of his personal estate, which order was reversed and the claimant brings error. There are only two points in this case. 1. Whether the sum of $1,000 bequeathed in lieu of dower, is shell an interest in the personal property as debars the widow from the benefits of the statute on her accepting it, and ' 2. Whether the statute [IIow. Stat. §§5824-5] is applicable to wills executed before its passage, but becoming operative after it took…
1Opinion of the CourtCampbell, C. J.
William Smith made a will in 1871, and died in June, 1883, leaving a widow, without children, and several children by a former wife. His last marriage was in 1864. Just before, and without, so far as appears, the knowledge of his intended wife, he conveyed his farm to his children, but the deed, if previously delivered, was kept off from the record until about five weeks before his death, and he and his wife occupied it during the nearly twenty years of their married life, as a homestead.
*141By his will he left his wife $1,000, in lion of dower, and the residue to his children. It does not appear…
2Cited by2 opinions
- In re Bloss' EstateMichigan Supreme Court · 1897
- Koster v. GellenMichigan Supreme Court · 1900