Peck v. Griffis
Michigan Supreme Court
Appeal from Kalamazoo; Adams, J. Bill by Charles A. Peck against Winter Griffis, J. A. Pitkin, administrator de bonis non with the will annexed of the estate of Oliver H. P. Griffis, deceased, James W. Osborn, executor of the last will and testament of Mary L. Griffis, deceased, and others, for the foreclosure of a mortgage. From a decree for defendants, complainant appeals.
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Appeal from Kalamazoo; Adams, J. Bill by Charles A. Peck against Winter Griffis, J. A. Pitkin, administrator de bonis non with the will annexed of the estate of Oliver H. P. Griffis, deceased, James W. Osborn, executor of the last will and testament of Mary L. Griffis, deceased, and others, for the foreclosure of a mortgage. From a decree for defendants, complainant appeals. The facts are stipulated and are as follows: The bill of complaint in this case was filed February 24, 1904, for the purpose of foreclosing a mortgage given May 18, 1875, by Winter Griffis and Margaret Griffis, his wife,…
1Opinion of the CourtOstrander, J.
(after stating the facts). It will be noticed that the testator disposes of his personal property absolutely, his real estate upon condition, and to the same person. In this circumstance and in the employment of the words, “ to have and to hold the same as long as she remains my widow but if she shall marry again, I request and direct that she sell said lot and divide the proceeds of such sale equally between herself and my sons,” etc., is found an intention to devise to the wife no more than an estate for her life, rather than an estate in fee subject to be divested if she should remarry.…
2Cases cited1 opinion
- Haab v. SchneebergerMichigan Supreme Court · 1907
3Cited by2 opinions
- Ritchie v. BrindleyWisconsin Supreme Court · 1926
- Stephenson v. United StatesDistrict Court, W.D. New York · 1965