Bowins v. English

• Decision Date: 09 November 1904
• Citation: 101 N.W. 204,138 Mich. 178
• Court: Michigan Supreme Court
• Parties: BOWINS v. ENGLISH et al.

101 N.W. 204

138 Mich. 178

BOWINS v. ENGLISH et al.

Supreme Court of Michigan

November 9, 1904

Appeal from Circuit Court, Washtenaw County, in Chancery; Edward D Kinne, Judge.

Bill by Stella May Bowins against Margaret English in person and as administratrix of the estate of John G. English, deceased and others. From a judgment dismissing the bill, complainant appeals. Affirmed.

The purpose of this bill is to enforce the specific performance of a contract by which it is claimed that the complainant is the heir at law of John G. English, deceased, and is the owner in fee of all his real estate, subject to his widow's right of dower. The contract reads as follows 'Know all men by these presents, that I, Thomas Bunker of the county of Jackson in the state of Michigan, being the sole surviving parent of an infant girl child named Parthena Jane Bunker now of the age of six months, said child being born on the 11th day of March, A. D. 1864. In consideration of the love and affection which I have and bear for the said infant child, and my desire to see her properly raised and educated, and also for divers other good causes and considerations, me, the said Thomas Bunker, hereunto moving do by these presents give the said child, Parthena Jane, unto John G. English and Cordelia A. J. English, his wife, of the county of Washtenaw in the state aforesaid, and hereby authorize them and unite with them in changing the name of said child to Stella May English. The said John G. English and Cordelia A. J. English, his wife, hereby agreeing to take said child and adopt her as their own child under the name of Stella May English, to clothe, educate and care for her as their own child and entitled to her services until she becomes of the age of 21 years. The said Thomas Bunker hereby and by these presents committing the custody of the person of said child, Stella May English, unto the said John G. English and Cordelia A. J. English, his wife, fully and in all respects whatever, hereby relinquishing all claims and right to control said child as her father unto them, the said John G. and Cordelia A. J. English until said child arrives at the age of 21 years. And it is further mutually covenanted and agreed by and between the parties hereto that the said John G. English and wife may procure an act of the legislature of the State of Michigan, authorizing them to adopt said child as their own, in case the same may be deemed necessary to constitute her their heir. And the said John G. English and Cordelia A. J. English, his wife, hereby agree to clothe and educate the said Stella May English according to their condition and position in life.' Complainant was at the date of the contract a few months old. Mr. English and his wife had no...