Legal Opinion

In Re Horrie Estate

Michigan Supreme Court

Decided March 15, 1962No. Docket 22, Calendar 48,943PublishedCited by 6 opinions

1Opinion of the CourtSouris, J.

The issue presented for our decision is the meaning of a bequest over to the “surviving issue” of primary beneficiaries. Although an ancient problem in other jurisdictions, it is presented to us as a matter of first impression in Michigan.

Mary Horrie died in 1930, leaving surviving neither a husband nor children. Three brothers and 1 sister did survive. By will, 1 brother was bequeathed only income from a $10,000 trust and the other 2 brothers and a sister were bequeathed outright real and personal property valued at $61,000 to .each. The residue of the estate, approximately $450,000, was…

2Cases cited10 opinions

  1. In Re the Accounting of the Farmers' Loan & Trust Co.New York Court of Appeals · 1914
  2. Mayhew's EstateSupreme Court of Pennsylvania · 1931
  3. Dexter v. InchesMassachusetts Supreme Judicial Court · 1888
  4. Gardner v. City National Bank & Trust Co.Michigan Supreme Court · 1934
  5. Rivenett v. BourquinMichigan Supreme Court · 1884

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3Cited by6 opinions

  1. Warren v. First New Haven National BankSupreme Court of Connecticut · 1962
  2. Gowthorpe v. GoodwinMichigan Court of Appeals · 1976
  3. In Re Fitzpatrick EstateMichigan Court of Appeals · 1987
  4. Fitzpatrick v. WolfeMichigan Court of Appeals · 1987
  5. In Re RAYMOND ESTATEMichigan Supreme Court · 2009

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