Eberts v. Eberts
Michigan Supreme Court
. Appeal from Wayne. Bill to obtain a judicial construction of a will. The case is stated in the dissenting opinion of Mr. Justice Graves. Complainants appeal.
1Opinion of the CourtCooley, J.
It is conceded by counsel for defendant Joseph M. Eberts that the general rule of construction of wills requires the words “surviving children” to be interpreted as intending only those who were surviving at the death of the testatrix. Indeed the cases of Hansford v. Elliott, 9 Leigh, 79, and Martin v. Kirby, 11 Gratt., 67, upon opinions in which some reliance is placed by them, fully recognize this rule, and it is not questioned anywhere.
But it is said that this is merely a general rule, and in any particular case parol evidence of the circumstances under which the will was executed may be…
2Cases cited2 opinions
- Lee v. Bank of the U. StatesSupreme Court of Virginia · 1838
- Martin v. KirbySupreme Court of Virginia · 1854
3Cited by15 opinions
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Rivenett v. BourquinMichigan Supreme Court · 1884
- Rood v. HoveyMichigan Supreme Court · 1883
- In Re Estate Of Florence Voelzel Kerr, A/K/A Florence V. Kerr, Deceased. Ralph L. Atchison, Administrator, C.T.A.Court of Appeals for the D.C. Circuit · 1970
- Strong v. SmithMichigan Supreme Court · 1891
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