Murdoch v. Bilderback
Michigan Supreme Court
Certiorari to Cass; Carr, J. Ellen J. Tice appealed from an order of the probate court construing the last will and testament of William H. Tice, deceased. John Bilderback, administrator with the will annexed, appeared for the estate. The order was sustained in the circuit, and George H. Murdoch, Jr., administrator of the estate of said Ellen J. Tice, brings certiorari. One William H. Tice died testate.
Read the full summary
Certiorari to Cass; Carr, J. Ellen J. Tice appealed from an order of the probate court construing the last will and testament of William H. Tice, deceased. John Bilderback, administrator with the will annexed, appeared for the estate. The order was sustained in the circuit, and George H. Murdoch, Jr., administrator of the estate of said Ellen J. Tice, brings certiorari. One William H. Tice died testate. His will reads as follows: “1. I give and'bequeath unto my half-brother, Talmage Tice, the following-described piece and parcel of land, described as follows: The west one-half of the…
1Opinion of the CourtGrant, J.
(after stating the facts). The statute gives to the widow whose husband has died without issue one-half of his estate. 3 Comp. Laws 1897, § 9064, subd. 2. The testator is presumed to have known this law. The decision of the court below holds that this provision is excluded by the will, and that the widow has only her right of dower. The intent of the testator in this case is to be determined from the four corners of the instrument. The law favors that construction of the will which conforms most nearly to the general rule of inheritance. *47Rivenett v. Bourquin, 53 Mich. 10 (18 N. W. 537); In re…
2Cases cited4 opinions
- Rivenett v. BourquinMichigan Supreme Court · 1884
- In re the Estate of GotzianSupreme Court of Minnesota · 1885
- In re Lamb's EstateMichigan Supreme Court · 1899
- Kelly v. ReynoldsMichigan Supreme Court · 1878
3Cited by10 opinions
- Darragh v. BarmoreTexas Commission of Appeals · 1922
- In re Shumway's EstateMichigan Supreme Court · 1916
- In Re Estate of FinchSupreme Court of Iowa · 1948
- Marvick v. DonhoweSupreme Court of Iowa · 1921
- In Re Miller's Estate.Supreme Court of Iowa · 1952
5 more not listed; retrieve them via the Exa API.