In re Shumway's Estate
Michigan Supreme Court
Error to Lenawee; Chester, J., presiding. Leland F. Bean, administrator de bonis non, filed a petition in the probate court for an order of partial distribution of the estate of Nathan Shumway, deceased. From an order awarding distribution to thd heirs of Nathan Shumway alone, Ida A. Aleock and another, heirs of Marietta Shumway, deceased, widow of Nathan, appealed to the circuit court.
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Error to Lenawee; Chester, J., presiding. Leland F. Bean, administrator de bonis non, filed a petition in the probate court for an order of partial distribution of the estate of Nathan Shumway, deceased. From an order awarding distribution to thd heirs of Nathan Shumway alone, Ida A. Aleock and another, heirs of Marietta Shumway, deceased, widow of Nathan, appealed to the circuit court. From a judgment awarding distribution to the heirs of Marietta as well as of Nathan, the heirs of Nathan appeal. On August 3, 1899, Nathan Shumway, of Fairfield township, in Lenawee county, died testate…
1Opinion of the CourtBrooke, J.
(after stating the facts). The statute governing inheritance of property in force when Nathan Shumway made his will and when he died (Act No. 200, Pub. Acts 1898) would have given one-half of his entire estate, both real and personal, to his widow, Marietta, and the other half to his surviving brothers and sisters and the children of those *251who did not survive him, had he died intestate. The same essential bestowing language of inheritance, “shall descend,” is applied to both the widow’s half and the half inherited by blood relations. The common law touching descent of estates has never…
2Cases cited13 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Cushman v. ArnoldMassachusetts Supreme Judicial Court · 1904
- Clark v. MackMichigan Supreme Court · 1910
- Rood v. HoveyMichigan Supreme Court · 1883
- Van Gallow v. BrandtMichigan Supreme Court · 1912
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3Cited by27 opinions
- Darragh v. BarmoreTexas Commission of Appeals · 1922
- Garwols v. Bankers Trust Co.Michigan Supreme Court · 1930
- Hay v. HayMichigan Supreme Court · 1947
- In Re Jamieson EstateMichigan Supreme Court · 1965
- In Re Churchill's EstateMichigan Supreme Court · 1925
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