Haab v. Schneeberger
Michigan Supreme Court
Appeal from Washtenaw; Kinne, J. Bill by Caroline Haab against Joseph Schneeberger, Catherine Curry, and others, for the construction of a will. From a decree for complainant, defendants Schneeberger and Curry appeal.
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Appeal from Washtenaw; Kinne, J. Bill by Caroline Haab against Joseph Schneeberger, Catherine Curry, and others, for the construction of a will. From a decree for complainant, defendants Schneeberger and Curry appeal. John Schneeberger died December 28, 1877, aged 77 years, leaving a last will and testament, executed January 19, 1875. He left a widow, Caroline, aged 66 years, a son Joseph, the children of a deceased son John, and the complainant, his daughter, as his heirs at law. The will reads as follows: ‘ ‘ First. I give and devise to my wife, Caroline, my farm in the township of Freedom,…
1Opinion of the CourtGrant, J.
(after stating the facts). It is apparent that the testator intended to die testate as to all his property. The will mentions and disposes of all his personal and real estate. It makes devises and bequests to his widow, to his daughter and grandchildren. The will gives his widow the income from all his estate, both real and personal, so long as she remains unmarried, and of the personalty, devised in trust, during her life. It is immaterial what name we attach to the estate devised to the widow. It seems unimportant whether we call it an estate during widowhood, or a life estate terminable if…
2Cases cited3 opinions
- Metcalf v. First Parish in FraminghamMassachusetts Supreme Judicial Court · 1880
- Foster v. StevensMichigan Supreme Court · 1906
- Bates v. WebbMassachusetts Supreme Judicial Court · 1812
3Cited by3 opinions
- Kern v. KernIllinois Supreme Court · 1920
- Fletcher v. RyndOhio Court of Appeals · 1920
- Peck v. GriffisMichigan Supreme Court · 1907