In re of Freeman McClintock's Estate
Michigan Supreme Court
Error to Shiawassee. (Newton, J.) Appeal from probate. Claimant appeals. The law presumes that when a will is made all prior advancements are considered merged, and the testator nrust be deemed to have graduated the amount of his legacy with reference to prior advances: In re Peacock's Estate L. R. 14 Eq. 236 ; Taylor v. Cartwright 41 L. J. Ch. 529 ; L. R. 14 Eq. 167; Jones v. Richardson 5 Met. 250; Langdon v. Astors 16 N. Y. 9 ; Van PLouten v. Post 33 N. J. Eq. 346; an…
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Error to Shiawassee. (Newton, J.) Appeal from probate. Claimant appeals. The law presumes that when a will is made all prior advancements are considered merged, and the testator nrust be deemed to have graduated the amount of his legacy with reference to prior advances: In re Peacock's Estate L. R. 14 Eq. 236 ; Taylor v. Cartwright 41 L. J. Ch. 529 ; L. R. 14 Eq. 167; Jones v. Richardson 5 Met. 250; Langdon v. Astors 16 N. Y. 9 ; Van PLouten v. Post 33 N. J. Eq. 346; an advancement depends on the intent, at the time of the gift or conveyance, and cannot be afterwards altered : Meeker v.…
1Opinion of the CourtCampbell, J.
The proceeding appealed from is one to ascertain the rights of parties interested in Freeman McClintock’s estate, in order to have a distribution. The matter was brought before the probate court of Shiawassee county, under How. Stat. § 5978, whereby it is provided that all questions of advancement may be heard and determined by the probate court, and shall be specified in the decree assigning the estate. As all parties have assumed that the inquiry can be properly made now, and there is no want of jurisdiction, there is no objection to the course taken. The controversy below and here is…
2Cases cited1 opinion
- Langdon v. . Astor's ExecutorsNew York Court of Appeals · 1857
3Cited by9 opinions
- Lorimer v. LorimerMichigan Supreme Court · 1900
- City of Marquette v. WilkinsonMichigan Supreme Court · 1899
- In re Bresler's EstateMichigan Supreme Court · 1909
- In re the Estate of WardMichigan Supreme Court · 1889
- Power v. Estate of PowerMichigan Supreme Court · 1892
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