Dodge v. Detroit Trust Co.

Decision Date11 February 1942
Docket NumberNo. 61.,61.
PartiesDODGE v. DETROIT TRUST CO. et al.
CourtMichigan Supreme Court

OPINION TEXT STARTS HERE

Suit by John Duval Dodge against the Detroit Trust Company, and Mathilda R. Dodge Wilson, individually and as trustees named in the instrument propounded as the last will and testament of John F. Dodge, deceased, and others to set aside an agreement settling will contest and trust controversy. From a decree dismissing the bill, plaintiff appeals.

Affirmed.Appeal from Circuit Court, Wayne County, in Chancery; Theodore J. Richter, Judge.

Before the Entire Bench.

Robert S. Marx, Carl Runge, Lawrence I. Levi, and Roy G. Holmes, all of Detroit (Alex J. Groesbeck, of Detroit, of counsel), for appellant.

Beaumont, Smith & Harris, Hal H. Smith, Charles Wright, Jr., and Frank E. Robson, all of Detroit (Jackson A. Dykman, of Brooklyn, N. Y., of counsel), for appellee Winifred Dodge Seyburn and another.

Miller, Canfield, Paddock & Stone and Louis H. Fead, all of Detroit, for appellee Detroit Trust Co., and others.

Dykema, Jones & Wheat, of Detroit, for appellee Frances Dodge Johnson.

Thomas G. Long, Butzel, Eaman, Long, Gust & Bills and Paul Oren, all of Detroit, for defendant Annie Laurine Dodge.

Monaghan, Crowley, Clark & Kellogg, of Detroit, for appellee Mathilda R. Dodge Wilson.

Bishop & Bishop, of Detroit (Wayne E. Babler, of Detroit, of counsel), for appellee Alfred G. Wilson and others.

BUTZEL, Justice.

On January 14, 1920, John F. Dodge died leaving an instrument, dated April 4, 1918, purporting to be his will. He was survived by his widow, Mathilda R. Dodge and six children, their names and ages at the time of his death being as follows: Winifred Dodge Gray (now Seyburn), Isabella Dodge Sloane, each over 21 years, John Duval Dodge about 21 years and 5 months, children by his first wife, Frances Mathilda Dodge (now Johnson), about 5 years, Daniel George Dodge, about 2 1/2 years, and Anna Margaret Dodge about 8 months, the latter three being children by Mathilda Dodge. Anna Margaret Dodge was born June 14, 1919, after the execution of her father's will, and, as she was not provided for therein, she became entitled to her statutory share of his estate, the same as if he had died intestate. As far as we can determine from the record, the amount set off for her share was in the neighborhood of $2,700,000. Anna Margaret died April 13, 1924, when less than 5 years of age. Her personal property went to her mother Mathilda Dodge, while her real estate, as ancestral property, was divided between her mother and the brothers and sisters. In re Dodge's Estate, 242 Mich. 156, 218 N.W. 798. John Duval Dodge received his full share of Anna Margaret's interest in their father's real estate.

The inventory of the John F. Dodge estate showed that on January 20, 1920, the personal property was of the value of $36,852,588.41. The sole parcel of real estate belonging to the estate was appraised at $40,000. After payment of debts, Federal estate and income and State inheritance taxes, etc., the net value of the estate according to the report on file was reduced to the sum of $23,634,286.69. It might be added that later the undistributed part of the estate was tremendously enhanced through dividends from Dodge Brothers, a Michigan corporation, in which deceased held one-half of the stock, and thereafter from the sale of the entire capital stock of Dodge Brothers, a Michigan corporation, at a price very much in excess of the inventoried value. The real estate consisted of only a single parcel of property at the foot of Atwater Street in the city of Detroit, and is referred to as the boathouse property. Decedent had other large real estate holdings that he disposed of prior to his death, a large amount of it having been transferred to the Dodge Land Company in which decedent owned stock.

The will of John F. Dodge was offered for probate on February 10, 1920, by his brother Horace E. Dodge, who asked that administration be granted to Mathilda R. Dodge and himself, the executors named in the will. The will, after devising certain real estate, subsequently disposed of after the execution of the will but prior to testator's death, and after making a number of specific bequests, devises and bequeathes to his wife Mathilda Dodge and his brother Horace E. Dodge and the Detroit Trust Company, as trustees, all the other property, both real and personal, with full power and authority to sell and convey and for purposes thereinafter set forth. It provided for the payment of taxes and insurance, repairs and maintenance charges of the estate, the payment of $10,000 a year for ten years to his widow, so that she might properly maintain the farm devised to her; the building of a home in Grosse Pointe, Michigan, and its maintenance; a proper sum to look after the children, annuities amounting to $14,000 a year to relatives during their lifetime; the payment to his son John Duval Dodge (plaintiff herein) of $150 a month during his lifetime; the payment of $50,000 a year for five years to provide his daughter Isabella Cleves Dodge with a home if testator had not provided one during his lifetime. We set forth further provisions of the will that are pertinent to the instant case:

‘14. Subject to the carrying out of the foregoing provisions of this my last will, I direct my said trustees to expend the net income of my said estate, as follows:

(a) To pay to my wife, Mathilda R. Dodge, one fifth of same in quarterly payments, during the life of my said wife;

(b) To pay to my daughter, Winifred Dodge Gray, one fifth of same in quarterly payments, during the life of my said daughter;

(c) To pay to my daughter, Isabella Cleves Dodge, one fifth of same in quarterly payments, during the life of my said daughter;

(d) To set aside each year until my daughter, Frances Mathilda Dodge shall become twenty five years of age, one fifth of said net income for the benefit of my said daughter, and out of same to pay to my said daughter in quarterly payments, such sums as may be necessary, in the judgment of my said trustees, to provide my said daughter with proper maintenance for herself and her home, if she shall be established in a home of her own, clothing, education and recreation; and I direct my said trustees to invest and reinvest and keep invested so much of said income herein provided for my said daughter, as shall not be used for her benefit under this clause up to the time she shall become twenty five years of age.

‘When my said daughter shall become twenty five years of age, I direct my said trustees to pay to her all such sums as may have been accumulated for her by my said trustees hereunder, and thereafter to pay to my said daughter said one fifth of said income in quarterly payments during the life of my said daughter.

(e) To set aside each year until my son, Daniel George Dodge, shall become twenty five years of age, one fifth of said net income for the benefit of my said son, and out of same to pay to my said son in quarterly payments, such sums as may be necessary in the judgment of my said trustees, to provide my said son with proper maintenance for himself and his home, if he shall be established in a home of his own, clothing, education and recreation; and I direct my said trustees to invest and re-invest and keep invested so much of said income herein provided for my said son, as shall not be used for his benefit under this clause up to the time he shall become twenty five years of age.

‘When my said son shall become twenty five years of age, I direct my said trustees to pay to him all such sums as may have been accumulated for him by my said trustees hereunder, and thereafter to pay to my said son said one fifth of said income in quarterly payments during the life of my said son.

(f) Upon the death of my said wife, Mathilda R. Dodge, I direct my said trustees to dispose of the one fifth part of said income herein provided to be paid to my said wife, for my said daughters, Winifred Dodge Gray, Isabella Cleves Dodge and Frances Mathilda Dodge and my said son, Daniel George Dodge, share and share alike in the same manner that my trustees are hereinbefore directed to dispose of the portions of said income provided for my said children respectively.

(g) In the event that any of my children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Mathilda Dodge and Daniel George Dodge, shall die without leaving lawful issue him or her surviving, then in that event, I direct my said trustees to dispose of the share of said income provided for such deceased child or children among the survivors of said Winifred Dodge Gray, Isabella Cleves Dodge, Frances Mathilda Dodge and Daniel George Dodge, in the same manner respectively that my said trustees are directed to dispose of the portions of said income provided for said Winifred Dodge Gray, Isabella Cleves Dodge, Frances Mathilda Dodge and Daniel George Dodge;

(h) In the event that any of my said children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Mathilda Dodge and Daniel George Dodge, shall die, leaving lawful issue him or her surviving, then I direct my said trustees to pay the portion of such income provided for such deceased child or children to such issue of such deceased child or children or the lawful representatives of such issue in quarterly payments as long as any of my said children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Mathilda Dodge and Daniel George Dodge, shall survive, and upon the death of all of my said children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Mathilda Dodge and Daniel George Dodge, then I direct my said trustees to convey my said estate to the heirs of my said children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Mathilda Dodge and Daniel George Dodge, in such proportion as by law such heirs shall be entitled to receive same.

‘The provisions I have made in this will for my son, John Duval Dodge, have been made...

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