Michigan Trust Co. v. Hertzig
Michigan Supreme Court
Appeal from Kent; Perkins, J. Bill by the Michigan Trust Company against Theresa Hertzig and others for the construction of a will. From a decree for defendants, complainant appeals.
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Appeal from Kent; Perkins, J. Bill by the Michigan Trust Company against Theresa Hertzig and others for the construction of a will. From a decree for defendants, complainant appeals. Peter Hertzig, the husband of Theresa Hertzig, died testate April 19,1901. His estate consisted of real estate, two farms and a house and lot, valued at $12,500. His personal estate consisted of notes, mortgages, and money in bank, of the value of $9,000. He left surviving him his widow and a son, F. Peter Hertzig, aged 5 years. He also had a stepson 15 years of age, Joseph Kirchner. His will, omitting the formal…
1Opinion of the CourtGrant, J.
(after stating the facts). We think the court reached the correct conclusion. It is conceded that the cardinal rule in interpreting wills is to ascertain the intention of the testator, and that this intention must be found, if possible, within the four corners of the instrument. This court has in many cases applied this rule. No two wills in all the cases are exactly alike. The result in every instance has depended upon the application of the rule to the language of the instrument to be interpreted. A discussion of the case is not necessary; neither would it be profitable. We think, under the…
2Cases cited2 opinions
- Patterson v. StewartMichigan Supreme Court · 1878
- Gee v. HasbrouckMichigan Supreme Court · 1901
3Cited by1 opinion
- Walsh v. BackusMichigan Supreme Court · 1914