Legal Opinion · Dissent

In Re RAYMOND ESTATE

Michigan Supreme Court

Decided April 2, 2009No. Docket 134461Published

1DissentMarkman, J.

Before this Court is the interpretation of a will. Because I believe that the will in dispute commands an interpretation different from that accorded by the plurality, I respectfully dissent.

I. FACTS AND PROCEDURAL HISTORY

On January 15, 1979, Alice Raymond (“testator”) executed the instant will. It first directs that all admin*55istrative and funeral costs and taxes related to testator’s death be paid out of her estate, and then gives the “rest, residue and remainder of [testator’s] property and estate” (“residuary estate”) to her husband, Claude Raymond (“Claude”). The will provides, however,…

2Cases cited20 opinions

  1. Oakland County Board v. Michigan Property & Casualty Guaranty Ass'nMichigan Supreme Court · 1998
  2. Palms v. PalmsMichigan Supreme Court · 1888
  3. In Re BENNETT ESTATEMichigan Court of Appeals · 2003
  4. In Re Scheyer's EstateMichigan Supreme Court · 1953
  5. Van Gallow v. BrandtMichigan Supreme Court · 1912

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