Legal Opinion

Clinton v. Clinton's Estate

Michigan Supreme Court

Decided May 18, 1907No. Docket No. 43PublishedCited by 3 opinions

Error to Livingston; Smith, J. Jane Clinton presented a claim against the estate of George Clinton, deceased, for the amount of a mortgage discharged by claimant. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. There was judgment for claimant on a verdict directed by the court, and defendant brings error.

1Opinion of the CourtHooker, J.

George and Jane Clinton being husband and wife, the latter filed a bill for divorce, in the course of which proceeding they made a written agreement relating to their property rights. He conveyed to her the home for her life, to be held by her for the use and benefit of herself and their children as a home. He reserved a life estate in himself in the event o£ his surviving his wife, with remainder to the children after the termination of the life estates, unless he should survive all, when the fee would revert to him. There was a mortgage upon the premises at the time, and he agreed that he…

2Cases cited1 opinion

  1. Home Life Insurance v. ElwellMichigan Supreme Court · 1897

3Cited by3 opinions

  1. Guardian Depositors Corp. v. HebbMichigan Supreme Court · 1939
  2. Guardian Depositors Corp. v. SavageMichigan Supreme Court · 1938
  3. Spiklevitz v. Markmil Corp.Michigan Court of Appeals · 1984

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