Legal Opinion

Hull v. Hull

Michigan Supreme Court

Decided December 12, 1899PublishedCited by 11 opinions

Appeal from Eaton; Smith, J. Bill by Margarett A. Hull, executrix of the last will and testament of Tyler Hull, deceased, against John Hull, her co-executor, Whitman Hull, and others, for a construction of said will. From the decree rendered, complainant appeals. The purpose of this bill is to obtain a construction of the last will and testament of Tyler Hull, deceased. Mr. Hull left a widow, but no children.

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Appeal from Eaton; Smith, J. Bill by Margarett A. Hull, executrix of the last will and testament of Tyler Hull, deceased, against John Hull, her co-executor, Whitman Hull, and others, for a construction of said will. From the decree rendered, complainant appeals. The purpose of this bill is to obtain a construction of the last will and testament of Tyler Hull, deceased. Mr. Hull left a widow, but no children. The provisions of the will necessary to state are these: “My will is that, after my debts shall be paid and a monument purchased, as above provided, that the remainder of my property…

1Opinion of the CourtGrant, C. J.

(after stating the facts). Counsel do not disagree about what the complainant is entitled to re*341ceive from the estate. They concede that the word “comfort” means more than “support,” and includes “whatever is requisite to give security from want, and furnish reasonable physical, mental,'and spiritual enjoyment.” They concede that she is not limited to the income from the estate, but is entitled to encroach upon the principal in so fqr as it may be needed for her support and comfort. The sole question of dispute is, How, when, and by whom shall it be determined what is “needed for her support…

2Cited by11 opinions

  1. Farlin v. SanbornMichigan Supreme Court · 1910
  2. Hull v. HullMichigan Supreme Court · 1907
  3. Burns v. BurnsMichigan Supreme Court · 1903
  4. In re Mallary's EstateMichigan Supreme Court · 1901
  5. Cole v. Cole's EstateMichigan Supreme Court · 1901

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