Fecht v. Henze
Michigan Supreme Court
Appeal from Wayne; Murfin, J. Bill by Albert Feoht, administrator with the will annexed of Pauline Ams, deceased, against William E. Henze, administrator de bonis non with the will annexed of the estate of Frederick Ams, deceased, and others, for a construction of said last-named will. From a decree for complainant, defendant Henze appeals. The bill of compjaint is filed in this cause to obtain a construction of the.will of Frederick Ams, deceased.
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Appeal from Wayne; Murfin, J. Bill by Albert Feoht, administrator with the will annexed of Pauline Ams, deceased, against William E. Henze, administrator de bonis non with the will annexed of the estate of Frederick Ams, deceased, and others, for a construction of said last-named will. From a decree for complainant, defendant Henze appeals. The bill of compjaint is filed in this cause to obtain a construction of the.will of Frederick Ams, deceased. The construction of said will will determine the disposition of a fund now in the hands of the defendant Union Trust Company, and likewise…
1Opinion of the CourtBbooke, J.
(after stating the facts). The only question here involved is the character of the estate which passed to Pauline Ams under the will of Frederick Ams.
It is urged by the administrator of her estate, and the circuit judge held, that the will of Frederick Ams created an estate in fee simple, absolute in Pauline Ams, and. that the latter part of the clause, which created that estate, in which the testator attempted to make certain specific bequests to his grandchildren, was void for repugnancy.
*57In reaching this conclusion, the learned circuit judge relied upon the following cases: Jones v. Jones,…
2Cases cited14 opinions
- Kent v. MorrisonMassachusetts Supreme Judicial Court · 1891
- Jones v. JonesMichigan Supreme Court · 1872
- Hamlin v. United States Express Co.Illinois Supreme Court · 1883
- Moran v. MoranMichigan Supreme Court · 1906
- Chase v. LaddMassachusetts Supreme Judicial Court · 1891
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3Cited by4 opinions
- Nageli v. McMorrisMichigan Supreme Court · 1910
- Hollway v. AthertonMichigan Supreme Court · 1919
- Cary v. TolesMichigan Supreme Court · 1920
- Michigan Trust Co. v. DriverMichigan Supreme Court · 1935