Moody v. Macomber
Michigan Supreme Court
Error to Lapeer; Smith, J. Ejectment by Paul B. Moody, executor of the last will and testament of John B. Sutton, deceased, against John B. Macomber. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error. Plaintiff herein brings ejectment against defendant to recover possession of a farm.. It appears that prior to August 12, 1885, plaintiff’s decedent was the owner in fee simple of the premises described.
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Error to Lapeer; Smith, J. Ejectment by Paul B. Moody, executor of the last will and testament of John B. Sutton, deceased, against John B. Macomber. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error. Plaintiff herein brings ejectment against defendant to recover possession of a farm.. It appears that prior to August 12, 1885, plaintiff’s decedent was the owner in fee simple of the premises described. On that date he executed an instrument in the form of a deed to his wife, Louisa A. Sutton, covering said premises, and containing the…
1Opinion of the CourtBrooke, J.
(after stating the facts). But two questions are presented:(1) Does the deed in question convey a present interest, or is it testamentary in character, and therefore revoked by the will of 1902 ?(2) Has the plaintiff, as executor under the will, such an interest in the farm in question as will enable him to maintain ejectment?
Gardner on Wills, at page 24, states the rule as follows:
“ The essential difference between a deed and a will is that a deed must pass a present interest in the property, although the right to possession and enjoyment may not accrue until some future time, while an…
2Cases cited11 opinions
- Lautenshlager v. LautenshlagerMichigan Supreme Court · 1890
- Clay v. LaytonMichigan Supreme Court · 1903
- Ferris v. NevilleMichigan Supreme Court · 1901
- Shaw v. HillMichigan Supreme Court · 1889
- Bigley v. SouveyMichigan Supreme Court · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gibson v. DymonMichigan Supreme Court · 1937
- In re Broffee's EstateMichigan Supreme Court · 1919
- Gonzaga University v. MasiniIdaho Supreme Court · 1926
- Benton Harbor Federation of Women's Clubs v. NelsonMichigan Supreme Court · 1942
- Kingsnorth v. BakerMichigan Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.