In re Corby's Estate
Michigan Supreme Court
Error to Wayne; Donovan, J. Thomas W. Corby presented his final account as executor of the last will and testament of W inifred Corby, deceased. The account was disallowed in part, and the executor appealed to the circuit court. There was judgment affirming the order of the probate court, and the executor and certain legatees bring error.
1Opinion of the CourtMcAlvay, J.
Winifred Corby died testate, March 23, 1903. Appellant, her brother, a beneficiary under the will, was named and appointed as executor. He was also appointed special administrator by the probate court.
The portion of the will material to this controversy, after making provision for the payment of all debts and funeral expenses, reads as follows:
“I give to my beloved nephews, Martin Corby, Sidney Corby and Reuben Corby, and to my niece Edna Corby, now married, the sum of two thousand dollars ($2,000) each, if at the time of my death I am possessed of that much personal property.
“I give to my…
2Cases cited4 opinions
- In re Mower's appealMichigan Supreme Court · 1882
- Wisner v. Estate of MabLeyMichigan Supreme Court · 1888
- Morton v. JohnstonMichigan Supreme Court · 1900
- North v. Van TasselMichigan Supreme Court · 1890
3Cited by9 opinions
- Muncie Electric Light Co. v. JoliffIndiana Court of Appeals · 1915
- Holmes, Trustee v. HrobonOhio Court of Appeals · 1951
- Kemp v. DandisonMichigan Supreme Court · 1912
- In re More's EstateMichigan Supreme Court · 1914
- Smith v. First National Bank & Trust Co.Wisconsin Supreme Court · 1940
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