Metcalfe v. Miller

This is a bill for partition.

Samuel Miller died in 1881, seised of certain real estate. He left a will, by which he devised to his “heirs at law, as the same would be -distributed by the law of descent of the State of Michigan as said law now is.” Decedent left a widow, but no issue. In the settlement of the estate, the interest of his widow, Mary A. Metcalfe, now the wife of complainant, and one of the defendants herein, was determined by the following order of the probate court:

“ That the use, net income, rents, and profits of the real estate, or interest therein, of which the said testator…