Abrey v. Duffield
Michigan Supreme Court
Cross-appeals from Wayne; Brooke, J. Bill by Catherine A. Abrey and others against Bethune Duffield and another for a construction of- the last will and testament of Theresa Abbott, deceased. From the decree rendered, complainants and defendant Duffield appeal. Mrs. Theresa Abbott died testate April 2, 1890. The material parts of her will are as follows: “First.
Read the full summary
Cross-appeals from Wayne; Brooke, J. Bill by Catherine A. Abrey and others against Bethune Duffield and another for a construction of- the last will and testament of Theresa Abbott, deceased. From the decree rendered, complainants and defendant Duffield appeal. Mrs. Theresa Abbott died testate April 2, 1890. The material parts of her will are as follows: “First. I direct my executor, hereinafter named, to see that I am buried in the lot of my beloved daughter Alice T. Chesebrough, now deceased, in the Elmwood Cemetery at Detroit, and to do all things necessary in connection therewith in the…
1Opinion of the CourtGrant, J.
(after stating the facts). Probably, in the multitude of cases that have come before the courts of this country and of England for construction, the provisions of no two wills or trust deeds are exactly alike. The courts and law writers recognize that—
“No general rule can be stated that will determine when a conveyance will carry with it a beneficial interest, and when it will be construed to create a trust; but the intention is to be gathered in each case from the general *252purpose and scope of the instrument.” 1 Perry on Trusts (4th Ed.), § 151.
In each case, where the language is unambiguous,…
2Cases cited8 opinions
- Jones v. JonesMichigan Supreme Court · 1872
- Dudley v. GatesMichigan Supreme Court · 1900
- Minot v. Attorney GeneralMassachusetts Supreme Judicial Court · 1905
- Appeal of BeckSupreme Court of Pennsylvania · 1887
- Forster v. . WinfieldNew York Court of Appeals · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Townsend v. GordonMichigan Supreme Court · 1944
- Papazian v. Goldberg (In Re Mardigian Estate)Michigan Supreme Court · 2018
- in Re Mardigian EstateMichigan Court of Appeals · 2015
- In Re Karabatian's EstateMichigan Court of Appeals · 1969
- Gilchrist v. CorlissMichigan Supreme Court · 1908
7 more not listed; retrieve them via the Exa API.