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Estates and Trusts

Michigan Law Review

1948

Probate

Articles 1 - 2 of 2

Full-Text Articles in Law

Executors And Administrators-Powers Of Executor Prior To The Grant Of Letters Testamentary, R. V. Wellman Jun 1948

Executors And Administrators-Powers Of Executor Prior To The Grant Of Letters Testamentary, R. V. Wellman

Michigan Law Review

Testator's will was probated solely for the purpose of passing title to the real estate involved. There was no request for letters testamentary by those named executors in the will, it being alleged that there was no personal estate necessitating administration. Six days prior to the expiration of the statutory period for commencing such an action, plaintiffs, creditors, started a suit against the persons named as executors for the purpose of extending the lien of their debt against the land in the estate. The defendants appeared specially to question the propriety of the action against them. On appeal from the …


Wills-Letters As Holographic Wills-Testamentary Intent, Charles M. Soller Feb 1948

Wills-Letters As Holographic Wills-Testamentary Intent, Charles M. Soller

Michigan Law Review

A church trustee offered for probate as decedent's will a letter wholly written, dated, and signed in the handwriting of decedent. The letter was addressed to proponent, and read: "I am sending you a cashier's check for the $5000.00 I wrote you about last week. Now as to my heirs-I have three nieces, and a husband who has had enough. I'm not interested in any of them. If I leave $5.00 or $5,000.00 I want the church to have it." Probate was denied, and proponent appealed. Held, the letter was entitled to probate. De Lapp v. Anderson, .(Ky. …