Murdoch v. Bilderback

• Decision Date: 31 October 1900
• Court: Michigan Supreme Court
• Parties: MURDOCH v. BILDERBACK.

83 N.W. 1007

125 Mich. 45

MURDOCH v. BILDERBACK.

Supreme Court of Michigan

October 31, 1900

Certiorari to circuit court, Cass county; John R. Carr, Judge.

Action by George H. Murdoch, Jr., administrator of the estate of Ellen Jane Tice, against John Bilderback, administrator with the will annexed. Judgment for defendant. Plaintiff appeals. Reversed.

One William H. Tice died testate. His will reads as follows '(1) I give and bequeath unto my half-brother, Talmage Tice, the following described piece and parcel of land described as follows: The west one-half of the southeast fr 1/4 in section thirty, town five, range sixteen west; all being in Cass county and state of Michigan. (2) I give and bequeath unto my sister Susan Gilbert the following described piece and parcel of land, described as follows: The east one-half of the southeast fr. 1/4, in section thirty, town five south, range sixteen west; all being in Cass county and state of Michigan. (3) I give and bequeath unto my wife Ellen Tice, all the statute of the state of Michigan allows a widow. (4) I give and bequeath unto my brother Myron Tice, and my sisters Mary Armstrong and Almira Schermerhorn, all the remainder of my estate, both real and personal, to be divided equal after my wife receives what the statute of the state of Michigan allows a widow.' Tice died without issue. The widow elected to take under the will. The court below held that Talmage Tice and Mrs. Susan Gilbert took the entirety of the lands devised to them, free and clear of all debts, subject to the widow's right of dower, and that Myron Tice, Mary Armstrong, and Almira Schermerhorn took the residue of all the real estate, subject to the dower interest of said widow, and, further, subject to all the debts and expenses of administration.

Andrews & Murdock, for appellant.

F. J. Atwell, for appellee.

Coy W. Hendryx, for devisees Tice and Gilbert.

GRANT J. (after stating the facts).

The statute gives to the widow whose husband has died without issue one-half of his estate. Comp. Laws, � 9064. The testator is presumed to have known this law. The decision of the court below holds that this provision is excluded by the will, and that the widow has only her right of dower. The intent of the testator in this case is to be determined from the four corners of the instrument. The law favors that construction of the will which conforms most nearly to the general rule of...