Mandlebaum v. McDonell
Michigan Supreme Court
Appeal iu Chancery.from Superior Court of Detroit. This was a bill brought by complainant in the superior court for the city of Detroit to quiet her title to certain lots in the city of Detroit, on the north side of Fort street, known as lots 11 and 12 upon the Military Keserye, so called.
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Appeal iu Chancery.from Superior Court of Detroit. This was a bill brought by complainant in the superior court for the city of Detroit to quiet her title to certain lots in the city of Detroit, on the north side of Fort street, known as lots 11 and 12 upon the Military Keserye, so called. The bill sets forth all the facts, and they are not denied by any of tbe defendants, all but two of whom demur to the bill, one, who is a minor, answering by guardian, submitting the matter to the court, and one of them, Mr. Hodson, disclaiming all interest. The superior court granted the decree for a…
1Opinion of the CourtChristiancy, J.
We are first to inquire what estate, interests or powers under the provisions of the will, vested, first, in the executors; second, in the widow; and, third, in the other devisees.
First. As to the executors, it is quite clear from the provisions relating to this point and the entire will, that the lands were not devised to the executors as trustees, and that no estate or title vested or was intended to vest in them, as trustees or otherwise. But though they are not especially authorized or directed as executors to sell, yet, as the will provides that the property is to be sold, and the…
2Cases cited14 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- De Peyster v. . MichaelNew York Court of Appeals · 1852
- Fisher v. TaylorSupreme Court of Pennsylvania · 1829
- Burr v. SimSupreme Court of Pennsylvania · 1836
- Trask v. GreenMichigan Supreme Court · 1861
9 more not listed; retrieve them via the Exa API.
3Cited by81 opinions
- In re Estate of WalkerlyCalifornia Supreme Court · 1895
- Hetzel v. . BarberNew York Court of Appeals · 1877
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Allen v. CraftIndiana Supreme Court · 1887
- Bunting v. SpeekSupreme Court of Kansas · 1889
76 more not listed; retrieve them via the Exa API.