Cummings v. Corey
Michigan Supreme Court
Appeal from Ingham. (Gridley, J.) Creditor’s bill. Defendant appeals. Where a bequest to a tenant for life is specific, or the intention that he should enjoy the property in its existing state is apparent, he is entitled to such possession and enjoyment even as against the executor: 2 Wins.
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Appeal from Ingham. (Gridley, J.) Creditor’s bill. Defendant appeals. Where a bequest to a tenant for life is specific, or the intention that he should enjoy the property in its existing state is apparent, he is entitled to such possession and enjoyment even as against the executor: 2 Wins. Ex’rs 1502 ; Schouler Ex’rs 250; Hinckley on Testamentary Law 123 ; Prootor ■v. Robinson 35 Midi. 290; Sutphen v. Ellis id. 447; nor does the payment of annuities require the estate to vest in the executor : Craig v. Hone 2 Edw. Oh. 554 ; Rode River Paper Co. v. Fish 47 Mich. 212; property held in trust…
1Opinion of the CourtSherwood, J.
The bill of complaint in this cause is filed by the creditors of the defendant to reach equitable interests in property under his control, and which complainants claim ■should be applied to the satisfaction of their judgment obtained against him, upon which execution has been issued .and returned unsatisfied for want of property out of which to make the same.
Eor several years prior to the filing of complainants’ bill the defendant had been engaged in the mercantile business in the counties of Ingham and Ionia, and about a year before this suit was commenced became insolvent, being indebted…
2Cases cited7 opinions
- Jones v. JonesMichigan Supreme Court · 1872
- Warner v. BatesMassachusetts Supreme Judicial Court · 1867
- Loring v. LoringMassachusetts Supreme Judicial Court · 1868
- Alvord v. LentMichigan Supreme Court · 1871
- Williams v. ConradNew York Supreme Court · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- O'Neil v. GreenwoodMichigan Supreme Court · 1895
- Chadwick v. ChadwickMichigan Supreme Court · 1886
- Dean v. MumfordMichigan Supreme Court · 1894
- Ford v. FordMichigan Supreme Court · 1890
- Boden v. RenihanMichigan Supreme Court · 1941
11 more not listed; retrieve them via the Exa API.