Legal Opinion

Caspari v. Cutcheon

Michigan Supreme Court

Decided July 8, 1896PublishedCited by 6 opinions

Appeal from Wayne; Haire, J., presiding. Bill by Josephine Caspari against Sullivan M. Cutcheon and others to determine the validity of a trust provision in the will of Stephen Moore, deceased. From a decree dismissing the bill, complainant appeals.

1Opinion of the CourtMoore, J.

In his lifetime, Stephen Moore, who had three children' living, made his will, which, after his death, was probated. The defendants Cutcheon and Stellwagen were appointed executors. The will directs that the executors sell and convey all real estate, and convert it into money. It also contains this provision:

“ Thirteenth. I give and bequeath to Sullivan M. Cutcheon and Augustus C. Stellwagen, of Detroit, Michigan, and to their successors appointed as hereinafter provided, the sum of one hundred thousand dollars, in trust for the following purposes, namely:
“1. To invest, and from time to time…

2Cases cited4 opinions

  1. Proctor v. HeyerMassachusetts Supreme Judicial Court · 1877
  2. Hatheway v. SackettMichigan Supreme Court · 1875
  3. Penny v. CroulMichigan Supreme Court · 1889
  4. Maynard v. WoodardMichigan Supreme Court · 1877

3Cited by6 opinions

  1. Martin v. McCuneIllinois Supreme Court · 1925
  2. Casgrain v. HammondMichigan Supreme Court · 1903
  3. Michigan Home Missionary Society v. CorningMichigan Supreme Court · 1911
  4. Detroit Bank & Trust Co. v. United StatesDistrict Court, E.D. Michigan · 1971
  5. Dickey v. BarnstableSupreme Court of Iowa · 1904

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