In re Mallary's Estate
Michigan Supreme Court
Error to Macomb; Eldredge, J. In the matter of the estate of Charles F. Mallary, deceased : Appeal of Charles R. Greene from the allowance of the final account of Dwight N. Lowell, administrator de bonis non with the will annexed. The judgment of the probate court was substantially affirmed in the circuit, and appellant brings error. The widow took an absolute estate, at least as to the personalty.
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Error to Macomb; Eldredge, J. In the matter of the estate of Charles F. Mallary, deceased : Appeal of Charles R. Greene from the allowance of the final account of Dwight N. Lowell, administrator de bonis non with the will annexed. The judgment of the probate court was substantially affirmed in the circuit, and appellant brings error. The widow took an absolute estate, at least as to the personalty. Jones v. Jones, 25 Mich. 401; Proctor v. Robinson, 35 Mich. 291; Sutphen v. Ellis, Id. 446; Jones v. Deming, 91 Mich. 483 ( 51 N. W. 1119); Forbes v. Darling, 94 Mich. 622 (54 N. W. 385). In any…
1Opinion of the CourtHooker, J.
Charles F. Mallary died, leaving a will, which contained the following provisions:
‘ ‘ Third. All the rest of my estate, both real and' personal, of all kinds, or any other of which I shall .be in possession of at the time of my decease, I give and bequeath to my wife, Nancy Mallary, to use as she shall •see fit, or so much of the same as she shall need for her •support, comfort, and maintenance during the whole term of her natural life, and her funeral charges and burial.
“Fourth. After the death of my .wife, and all the fore.going items are settled and paid in full, I direct, give, and…
2Cases cited10 opinions
- Gadd v. StonerMichigan Supreme Court · 1897
- Ward v. TinkhamMichigan Supreme Court · 1887
- Barnes v. MarshallMichigan Supreme Court · 1894
- In re Brewster's EstateMichigan Supreme Court · 1897
- Hull v. HullMichigan Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Farlin v. SanbornMichigan Supreme Court · 1910
- Killefer v. BassettMichigan Supreme Court · 1906
- Bateman v. CaseMichigan Supreme Court · 1912
- In Re Churchill's EstateMichigan Supreme Court · 1925
- Gibson v. GibsonMichigan Supreme Court · 1921
6 more not listed; retrieve them via the Exa API.