St. Amour v. Rivard
Michigan Supreme Court
Case reserved from Wayne Circuit Courts in Chancery. The bill in this cause was filed to obtaiu a constructiou of the will of Francis Rivard, deceased.
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Case reserved from Wayne Circuit Courts in Chancery. The bill in this cause was filed to obtaiu a constructiou of the will of Francis Rivard, deceased. The will was not dated, hut was said to have been executed in 1831. The testator died in 1841, and Ms will was proved in 1842. It contained the following devise: “I leave to my son Leon, his life lasting, the use and.benefit of a certain tract of land,” (then follows the description.) Eight other demises somewhat similar follow, and then comes this declaration of the testator: “It is well to he understood that all and every single disposal of…
1Opinion of the Court
By the Court, Whipple, J.
The important question in this case, which has been reserved for our determination, arises upon the construction and effect of the will of Francis Rivard, deceased, and which is fully set out in the bill of complaint.
The 12th clause furnishes a key to the intention of the testator in respect to the disposition of the real estate of which he died seized. The idea of a perpetuity is too strongly impressed upon the face of the instrument to leave any room for doubt. It creates an indefinite succession of life estates, rendering the property devised inalienable, while any…
2Cases cited1 opinion
- People ex rel. Commercial Insurance v. Supervisors of New-YorkNew York Supreme Court · 1836
3Cited by7 opinions
- Shepperd v. FisherSupreme Court of Missouri · 1907
- Lockridge v. MaceSupreme Court of Missouri · 1891
- Rozell v. RozellMichigan Supreme Court · 1922
- Boal v. Metropolitan Museum of ArtCourt of Appeals for the Second Circuit · 1924
- Casgrain v. HammondMichigan Supreme Court · 1903
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