Smith v. Jackman
Michigan Supreme Court
Appeal from Monroe; Kinne, J. Bill by Jasper N. Smith, executor of the last will and testament of Jane Powlesland, deceased, against Caroline G.’ Jackman and others, to enforce a lien upon real estate for the payment of a legacy. From a decree for complainant, defendant Jackman appeals. Complainant is the executor of the last will and testament of Jane Powlesland, who was the widow of William Powlesland.
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Appeal from Monroe; Kinne, J. Bill by Jasper N. Smith, executor of the last will and testament of Jane Powlesland, deceased, against Caroline G.’ Jackman and others, to enforce a lien upon real estate for the payment of a legacy. From a decree for complainant, defendant Jackman appeals. Complainant is the executor of the last will and testament of Jane Powlesland, who was the widow of William Powlesland. Mr. Powlesland died, testate, July 17,1891, leaving a widow and one child, the defendant Caroline Jackman. He left real estate valued at' $10,000, and personal property valued at $6,000. His…
1Opinion of the CourtGrant, J.
(after stating the facts). What was the intention of the testator ? This is the first and paramount question in the construction of wills. If that intention can be derived from the four corners of the instrument, courts will enforce it, unless there is some insurmountable legal obstacle to prevent. We reach the same conclusion as did the circuit judge. It was the evident intention of Mr. Powlesland to provide a maintenance for his wife, and to place the fund absolutely at her disposal. Her wish, not her need, was the sole condition on which khe was entitled to receive the entire sum. She was…
2Cases cited3 opinions
- Rood v. HoveyMichigan Supreme Court · 1883
- McCarty v. FishMichigan Supreme Court · 1891
- Godshalk v. AkeyMichigan Supreme Court · 1896
3Cited by6 opinions
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- Gregory v. TompkinsMichigan Supreme Court · 1903
- Huling v. City of Columbus, Court of Common Pleas of Ohio, Franklin County, Civil Division1912
- Tullgren v. CommissionerUnited States Board of Tax Appeals · 1928
- Tullgren v. CommissionerUnited States Board of Tax Appeals · 1929
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