Hollway v. Atherton
Michigan Supreme Court
Appeal from Kent; McDonald, J. Bill by George Hollway, administrator de bonis non with, the will annexed of the estate of George N. Davis, deceased, against Carrie Maud Atherton and the Holland Home Benevolent Association for a construction of said will. From a decree for defendant Atherton, defendant association appeals. The bill of complaint was filed in this cause to secure construction of the following will: “I, Geo.
Read the full summary
Appeal from Kent; McDonald, J. Bill by George Hollway, administrator de bonis non with, the will annexed of the estate of George N. Davis, deceased, against Carrie Maud Atherton and the Holland Home Benevolent Association for a construction of said will. From a decree for defendant Atherton, defendant association appeals. The bill of complaint was filed in this cause to secure construction of the following will: “I, Geo. N. Davis, of Grand Rapids, in the county of Kent, State of Michigan; being now of sound mind and memory, and mindful of the uncertainty of life, do make public and declare…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first contention of the appellant is that the second paragraph of the will does not in words create an estate of inheritance in Laura M. Davis. This contention we presume is based upon the fact that the testator failed to use the word “heirs” in connection with the devise. The use of the word is not necessary in order to create an estate in fee simple. Section 11818, 3 Comp. Laws 1915, provides:
“Every devise of land in any will hereafter made shall be construed to convey all the estate of the devisor therein which he could lawfully devise, unless it shall…
2Cases cited11 opinions
- Moran v. MoranMichigan Supreme Court · 1906
- Gadd v. StonerMichigan Supreme Court · 1897
- Schneider v. VosburghMichigan Supreme Court · 1906
- Killefer v. BassettMichigan Supreme Court · 1906
- Robinson v. FinchMichigan Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re McKay EstateMichigan Supreme Court · 1959
- Gibson v. GibsonMichigan Supreme Court · 1921
- Hawley v. Grand Rapids Trust Co.Michigan Supreme Court · 1934
- Grover v. WoodMichigan Supreme Court · 1953
- Harmon v. HarmonMichigan Supreme Court · 1942
2 more not listed; retrieve them via the Exa API.