In re Lamb's Estate
Michigan Supreme Court
Certiorari to Van Burén; Smith, J. Petition in probate court by James H. Hall, executor _of the lasfwill and testament of Catherine Lamb, deceased, for a construction of the will. Annetta Tillou, one of the ■children of Carlton Ray, deceased, a legatee under the will, -appealed to the circuit court, and from a judgment in her favor the executor brings certiorari. Catherine Lamb died testate.
Read the full summary
Certiorari to Van Burén; Smith, J. Petition in probate court by James H. Hall, executor _of the lasfwill and testament of Catherine Lamb, deceased, for a construction of the will. Annetta Tillou, one of the ■children of Carlton Ray, deceased, a legatee under the will, -appealed to the circuit court, and from a judgment in her favor the executor brings certiorari. Catherine Lamb died testate. Her will provided as follows: “I give and bequeath to Benjamin Ray, Carlton Ray, Samuel Ray, Nancy Sumner, Marilla Smith, Julia Hopkins, Mary Carnes, Jane Hoffman, and Lovina Taylor (all of whom are my…
1Opinion of the Court
Grant, C. J. (after stating the facts).
The decision depends upon the construction to be placed upon this clause of the will:
*241“But in case of the death of any of the above-named legatees previous to the probating or execution of this, my last will and testament, then I desire, will, and bequeath that the share of such deceased brother or sister shall revert to, and become the property of, the children of said deceased legatee.”
Manifestly, the.term “execution” does not apply to the act of signing and publishing her will. It refers to something to be done after her decease. Certain cardinal rules…
2Cases cited6 opinions
- Bailey v. BaileyMichigan Supreme Court · 1872
- Rivenett v. BourquinMichigan Supreme Court · 1884
- Scott v. GuernseyNew York Supreme Court · 1866
- Calkins v. Estate of SmithMichigan Supreme Court · 1879
- Lambert v. HarveyIllinois Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hay v. HayMichigan Supreme Court · 1947
- In Re Jamieson EstateMichigan Supreme Court · 1965
- In Re Churchill's EstateMichigan Supreme Court · 1925
- Lowery v. HawkerNorth Dakota Supreme Court · 1911
- In Re Cloward's EstateUtah Supreme Court · 1938
16 more not listed; retrieve them via the Exa API.