In re the Appeal of Wisner
Michigan Supreme Court
Case made from Oakland Circuit. Mrs. Angeolina Wisner, executrix of Moses Wisner deceased, presented to the Probate Court of Oakland County for allowance a claim for the payment of the sum of $3151, 73, to discharge a mortgage made by the deceased and resting on his homestead at the time of his death.
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Case made from Oakland Circuit. Mrs. Angeolina Wisner, executrix of Moses Wisner deceased, presented to the Probate Court of Oakland County for allowance a claim for the payment of the sum of $3151, 73, to discharge a mortgage made by the deceased and resting on his homestead at the time of his death. The allowance of the claim was opposed on the ground that the deceased had conveyed the homestead to Mrs. Wisner, reserving a life estate in himself, expressly subject to the mortgage for the payment of which she seeks to be reimbursed. It also appeared that on the day after the date of the…
1Opinion of the CourtGraves, J.
Upon the final settlement before the Judge of Probate of the account of Mrs. Wisner as the executrix of her husband, the late Governor Wisner, certain items in her account amounting in the aggregate to $3151.78 paid by her in satisfaction of a mortgage upon the homestead place, formerly belonging to the testator, were disallowed and she appealed to the Circuit Court, where the disallowance by the Judge of the Probate was affirmed.
It appears by the record that in 1857 Mr. Wisner gave his note to Catharine H. Wisner for $3000, and to secure the payment of the same, executed his mortgage on his…
2Cases cited1 opinion
- Baker v. TerrellSupreme Court of Minnesota · 1863
3Cited by1 opinion
- McKenzie v. RathbunCalifornia Supreme Court · 1903