Niles v. Mason
Michigan Supreme Court
Appeal from Wayne; Rohnert, J. Bill by Warren J. Niles against Joseph T.. Mason, executor of the last will and testament of Ira Niles, deceased, Charles P. Niles, Lottie Niles Jupp, Arthur Niles Jupp, Sarah M. Niles, and Charles W. Niles, for a construction of said will. From a decree sustaining the will in its entirety, complainant, and defendant Charles P. Niles, appeal.
Read the full summary
Appeal from Wayne; Rohnert, J. Bill by Warren J. Niles against Joseph T.. Mason, executor of the last will and testament of Ira Niles, deceased, Charles P. Niles, Lottie Niles Jupp, Arthur Niles Jupp, Sarah M. Niles, and Charles W. Niles, for a construction of said will. From a decree sustaining the will in its entirety, complainant, and defendant Charles P. Niles, appeal. Ira Niles died testate, leaving three children, complainant, and defendants Charles P. Niles and Lottie Niles Jupp, a grandson, Arthur Niles Jupp, a brother, and a «ister, the defendants Sarah M. Niles and Charles W. Niles.…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The evident intention of the testator was to follow the Palms will, which was in the main upheld in Palms v. Palms, 68 Mich. 355 (36 N. W. 419). The only real difference between the will of Mr. Palms and the will of Mr. Niles is the clause in the latter will by which he devised to his sister an annuity of $12.50 per month during her life, and *485burdened his entire estate with the payment of that annuity. No such provision is found in the will of Mr. Palms. With that provision eliminated, this case would fall directly within the Palms Case. The claim of the…
2Cases cited5 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Thatcher v. Wardens & Vestrymen of St. Andrew's ChurchMichigan Supreme Court · 1877
- Henderson v. . HendersonNew York Court of Appeals · 1889
- Palms v. PalmsMichigan Supreme Court · 1888
- Dean v. MumfordMichigan Supreme Court · 1894
3Cited by4 opinions
- Becker v. ChesterWisconsin Supreme Court · 1902
- Gardner v. City National Bank & Trust Co.Michigan Supreme Court · 1934
- Rozell v. RozellMichigan Supreme Court · 1922
- Grand Rapids Trust Co. v. HerbstMichigan Supreme Court · 1922