In re Schulz's Estate
Michigan Supreme Court
Case made from Wayne; Adams, J., presiding. The petition of a legatee under the will of Martin F. Schulz, deceased, for the distribution of the estate, was granted by the probate court, and Herman Kleinow, administrator with the will annexed, appealed to the circuit court-. The order of the probate court was reversed in the circuit, and the legatees assign error. Martin F. Schulz died testate.
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Case made from Wayne; Adams, J., presiding. The petition of a legatee under the will of Martin F. Schulz, deceased, for the distribution of the estate, was granted by the probate court, and Herman Kleinow, administrator with the will annexed, appealed to the circuit court-. The order of the probate court was reversed in the circuit, and the legatees assign error. Martin F. Schulz died testate. By his will he bequeathed his household goods to his wife, and all the rest and residue of his estate, both real and personal, to his said wife for life. By the third clause he provided that his…
1Opinion of the CourtGrant, J.
(after stating the facts). The judgment of the circuit court was wrong. The clear intent of the will was to secure to the widow the use of the entire estate for life, and that upon the termination of the life estate the legatees mentioned in the fourth and fifth clauses should take. The life estate in the widow was as effectually terminated by her election as it could be by her death. The will makes no provision for the care and control of the estate in the event that the life estate should be terminated by the election of the widow. It is conceded that, but for the sixth clause, the legatees…
2Cases cited2 opinions
- Dean v. MumfordMichigan Supreme Court · 1894
- Small v. MarburgCourt of Appeals of Maryland · 1893
3Cited by14 opinions
- Compton v. Rixey's ExecutorsSupreme Court of Virginia · 1919
- Roe v. DoeSupreme Court of Delaware · 1914
- In re the Estate of CastleHawaii Supreme Court · 1919
- In Re Povey's EstateMichigan Supreme Court · 1935
- Sherman v. BakerSupreme Court of Rhode Island · 1898
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