State v. Holmes
Michigan Supreme Court
Appeal from Kent; Grove, J. Bill by the State of’ Michigan against Abbie S. Holmes and Adolph B. Mason, executors of the last will and testament of Nelson Holmes, deceased, Abbie S. Holmes, individually, and Frank Nelson Holmes, to obtain a construction of said will. From a decree in favor of Frank Nelson Holmes, the others appeal. Nelson Holmes died testate, leaving his widow and grandson as his sole heirs at law.
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Appeal from Kent; Grove, J. Bill by the State of’ Michigan against Abbie S. Holmes and Adolph B. Mason, executors of the last will and testament of Nelson Holmes, deceased, Abbie S. Holmes, individually, and Frank Nelson Holmes, to obtain a construction of said will. From a decree in favor of Frank Nelson Holmes, the others appeal. Nelson Holmes died testate, leaving his widow and grandson as his sole heirs at law. By his will he bequeathed $2,000 to his grandson, and all the residue of his estate, real and personal, to his wife, for life, to enjoy the income and profits thereof. The fourth…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. The condition is precedent, not subsequent. The terms of the will are too clear upon this point to require much discussion. The title is not devised to be defeated by a breach of a condition subsequent, but is made to vest only upon the performance of a condition precedent. The State has no title or interest until it has complied with the condition. The learned attorney general' cites many authorities, but none of them contain provisions similar to this. In Langley v. Chapin, 134 Mass. 82, the conveyance contained the following clause: “This conveyance is made by…
2Cases cited16 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Coster v. LorillardCourt for the Trial of Impeachments and Correction of Errors · 1835
- Cruikshank v. . Home for the FriendlessNew York Court of Appeals · 1889
- Haynes v. . ShermanNew York Court of Appeals · 1889
- Garvey v. . McDevittNew York Court of Appeals · 1878
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Greek v. BassettMichigan Court of Appeals · 1982
- In Re Coots' EstateMichigan Supreme Court · 1931
- Lamere v. JacksonMichigan Supreme Court · 1939
- Bowers v. M'GavockTennessee Supreme Court · 1904
- Oglesbee v. MillerOhio Supreme Court · 1924
14 more not listed; retrieve them via the Exa API.