Reithmaier v. Beckwith
Michigan Supreme Court
Case made from Kent Circuit. The case in the court below was an appeal from the decision of commissioners on claims disallowing the claim presented by plaintiff against the estate of her husband, John Reithmaier, which was contested by defendant as administrator. The cause was tried by the court without a jury, and a special finding made and filed, upon which judgment was rendered in favor of the claimant.
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Case made from Kent Circuit. The case in the court below was an appeal from the decision of commissioners on claims disallowing the claim presented by plaintiff against the estate of her husband, John Reithmaier, which was contested by defendant as administrator. The cause was tried by the court without a jury, and a special finding made and filed, upon which judgment was rendered in favor of the claimant. The finding was in substance: (1) That the claimant was wife of decedent, who died June 22, 1875, intestate; (2) That prior to December 5, 1872, the claimant left her ^husband (decedent)…
1Opinion of the Court
Maeston, J.:
The only question raised by the assignments of error in this case is, whether the facts found support the judgment, and we are of opinion they do. The instrument upon which plaintiff claimed the right to recover was more than a mere promise to make a gift. It was an absolute agreement, given upon a good and valuable consideration, actually delivered to the plaintiff, and upon being so delivered, it passed beyond the power and control of the party executing it. He could not after the delivery recall it. The plaintiff, upon receiving this instrument, became the absolute owner…
2Cited by3 opinions
- Fisher v. KoontzSupreme Court of Iowa · 1899
- Duffy v. WhiteMichigan Supreme Court · 1897
- In Re Boucher's EstateMichigan Supreme Court · 1951