Legal Opinion

Broas v. Broas

Michigan Supreme Court

Decided June 27, 1908No. Docket No. 63PublishedCited by 7 opinions

Error to Ionia; Davis, J. J. Just Broas, Isabel Mann, and Catherine Hill appealed from an order of final distribution of the estate of Levi Broas, deceased. There was judgment sustaining the order of the probate court, and appellants bring error.

1Opinion of the CourtHooker, J.

The defendant, Charles Broas, and his brother, J. Just Broas, and sisters, Isabel Mann and Catherine Hill, were made devisees in common by the will of. their father, of estates in remainder in fee of the land in dispute and the same were assigned and the land partitioned by the probate court. On appeal to the circuit court, the decree was affirmed, and the cause is now before us on appeal.

The crucial question in the case is whether a vested interest in remainder passed to the remaindermen upon the death of the testator. This depends upon the construction to be given to the second and third…

2Cases cited3 opinions

  1. Tayloe v. MosherCourt of Appeals of Maryland · 1868
  2. Marvin v. BowlbyMichigan Supreme Court · 1905
  3. Lowe v. BarnettMississippi Supreme Court · 1860

3Cited by7 opinions

  1. Senneff v. BrackeySupreme Court of Iowa · 1914
  2. Reh v. ErtrachterMichigan Supreme Court · 1917
  3. In Re Childress TrustMichigan Court of Appeals · 1992
  4. Stanton v. StantonNebraska Supreme Court · 1938
  5. Olney v. BrownMichigan Supreme Court · 1910

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