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Administration Of Estates-Discretion Of Court In Appointment Of Administrator Contrary To Statutory Preference, Cornelia Groefsema S.Ed.
Administration Of Estates-Discretion Of Court In Appointment Of Administrator Contrary To Statutory Preference, Cornelia Groefsema S.Ed.
Michigan Law Review
The County Court, disregarding the statutory order of preference, appointed a disinterested third party administrator with the will annexed because of the conflict of interest between the grandchildren who were entitled to the appointment under the statute and the creditors. The grandchildren as heirs of the devisees in decedent's will claimed that the creditors' claims were barred by the laches of the former administrator, their nominee. The circuit court decided that the statute was mandatory and ordered the appointment of the grandchildren. The creditors appeal. Held, reversed. The original appointment by the county court of a disinterested person will …
Charities-Words Necessary To Create A Valid Trust For Charitable Purposes, John S. Dobson S.Ed.
Charities-Words Necessary To Create A Valid Trust For Charitable Purposes, John S. Dobson S.Ed.
Michigan Law Review
Testatrix left a will in which she directed her executor, after paying certain specific bequests, to give the residue of her estate "to some worthy cause or institution." From a decree rejecting the contention of decedent's next of kin that this residuary gift was void for indefiniteness, the next of kin appeal, arguing that the word "worthy" is not synonymous with "charitable," and that, in view of this, the bequest should fail for uncertainty, because testatrix did not specify the particular institution which was to receive the benefit of her bounty. Held, the bequest is valid. This court feels …