Bull v. Hepworth
Michigan Supreme Court
Appeal from Cass; Des Voignes, J. Bill by Eunice Bull against Josephine Hep worth for the cancellation of a note and mortgage for fraudulent representations. From a decree dismissing the bill, complainant appeals. Cornelius Terwilliger owned a farm of 80 acres in Cass county, upon which, he resided for a number of years, and up to the time of his death, which occurred November 18, 1907. He had no children, and died intestate. His wife had died several years earlier.
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Appeal from Cass; Des Voignes, J. Bill by Eunice Bull against Josephine Hep worth for the cancellation of a note and mortgage for fraudulent representations. From a decree dismissing the bill, complainant appeals. Cornelius Terwilliger owned a farm of 80 acres in Cass county, upon which, he resided for a number of years, and up to the time of his death, which occurred November 18, 1907. He had no children, and died intestate. His wife had died several years earlier. Complainant, his niece, and a widow, worked for him for six months in the year 1904, and after his wife’s death returned to' him…
1Opinion of the CourtBrooke, J.
(after stating the facts). The record discloses absolutely no evidence of fraud or overreaching on the part of the defendant. There is, then, but one question remaining for determination.
Can one who is in possession of the entire estate of a decedent settle and compromise a claim against the estate, and is the forbearance to sue said claim a sufficient consideration for the payment of the sum agreed upon in settlement? This question should, we think, be answered in the affirmative. The case of Teed v. Marvin, 41 Mich. 216 (2 N. W. 20), relied upon by the complainant, is clearly…
2Cases cited1 opinion
- Teed v. MarvinMichigan Supreme Court · 1879
3Cited by3 opinions
- Chaffee v. ChaffeeMichigan Supreme Court · 1917
- Sherman v. PhelpsMichigan Supreme Court · 1941
- Drzewiecki v. Manufacturers National BankMichigan Court of Appeals · 1989