Legal Opinion

Cary v. Toles

Michigan Supreme Court

Decided April 10, 1920No. Docket No. 89PublishedCited by 3 opinions

Appeal from Berrien; White (Charles- E.), J. Bill by Fannie B. Cary and another against Wilford C. Toles and another for the construction of a will. From a decree dismissing the bill, plaintiffs appeal.

1Opinion of the CourtClark, J.

The will of Elizabeth H. Toles, admitted to probate November 1, 1906, after making some cash bequests, had the following residuary clause:

“All the rest and residue of my estate, real, personal and mixed, and the use . thereof, I give, devise *31and bequeath unto my daughter Fannié B. Cary, to have and to hold the same to her during her natural life; and at the death of my said daughter, all the property devised and bequeathed to her as aforesaid, or so much thereof as may then remain unexpended, I give, devise and bequeath unto my granddaughter, Sara Cary, to have and to hold the same to her…

2Cases cited15 opinions

  1. Toms v. WilliamsMichigan Supreme Court · 1879
  2. Hamlin v. United States Express Co.Illinois Supreme Court · 1883
  3. Glover v. ReidMichigan Supreme Court · 1890
  4. Gadd v. StonerMichigan Supreme Court · 1897
  5. Bailey v. BaileyMichigan Supreme Court · 1872

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3Cited by3 opinions

  1. Quarton v. BartonMichigan Supreme Court · 1930
  2. Thompson v. ThompsonMichigan Supreme Court · 1951
  3. Gibson v. GibsonMichigan Supreme Court · 1921

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