Manshaem v. Nichols
Michigan Supreme Court
Error to Kent; Brown, J. Daniel F. Manshaem filed a petition for a construction of the last will of John Manshaem, deceased. There was a construction of said will in favor of petitioner, and Florence Nichols and another, contestants, appealed to the circuit court. Judgment for contestants. Petitioner brings error. On September 6, 1910, John Manshaem made and published his last will and testament in the following language: “First.
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Error to Kent; Brown, J. Daniel F. Manshaem filed a petition for a construction of the last will of John Manshaem, deceased. There was a construction of said will in favor of petitioner, and Florence Nichols and another, contestants, appealed to the circuit court. Judgment for contestants. Petitioner brings error. On September 6, 1910, John Manshaem made and published his last will and testament in the following language: “First. I direct payment of my just debts, funeral expenses, including the placing of a proper marker over my grave and the expense of administering my estate. I desire to…
1Opinion of the CourtBrooke, J.
(after stating the facts). The question involved is whether under a proper construction of paragraphs three and four of the will, the sale of testator’s farm during his lifetime worked an ademption or revocation pro tanto so that the proceeds of the farm should pass to the daughters under paragraph three instead of to the sons under paragraph four. We have repeatedly held that the first and most important rule to be observed in construing wills is to ascertain the intention of the testator and to give effect to that intention if it be legally possible. Stender v. Stender, 181 Mich. 648; In re…
2Cases cited8 opinions
- In re Blodgett's EstateMichigan Supreme Court · 1917
- Johnson v. SkinnerMichigan Supreme Court · 1914
- In re Shumway's EstateMichigan Supreme Court · 1916
- Stender v. StenderMichigan Supreme Court · 1914
- Kirsher v. ToddMichigan Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Quarton v. BartonMichigan Supreme Court · 1930
- In Re Barrows' EstateSupreme Court of Vermont · 1931
- Hankey v. FrenchMichigan Supreme Court · 1937
- Brown v. ThorntonMichigan Court of Appeals · 1992
- In Re Harrison's EstateMichigan Supreme Court · 1926
2 more not listed; retrieve them via the Exa API.