Porter v. Porter

• Decision Date: 25 April 1883
• Citation: 50 Mich. 456,15 N.W. 550
• Court: Michigan Supreme Court
• Parties: PORTER v. PORTER and others.

15 N.W. 550

50 Mich. 456

PORTER v. PORTER and others.

Supreme Court of Michigan

April 25, 1883

A testator gave his widow an estate for life in his entire property, and added a residuary clause providing that on her decease it should be equally divided between his "surviving children." Held that, under the rules of construction that have always prevailed in Michigan, the will vested an estate in all the children surviving at his death and that the heirs at law of any child who died before the widow were entitled to the share of their ancestor, unless the will indicated otherwise.

Terms used in wills are generally to be construed as having the meaning which has become generally accepted, but they are also to be construed in connection with the rest of the will.

Error to Wayne.

Chas. B. Lothrop, for plaintiff.

Wilkinson Post & Wilkinson and E.Y. Swift, for defendants and appellants.

CAMPBELL, J.

The suit in this case is brought by the widow of a son of George F. Porter, deceased, who died between the decease of George F. Porter and that of Eliza G. Porter, the widow of George F Porter, who had a life interest in her husband's estate. The question is whether the estate given by George F. Porter by will to his children was vested or contingent on their outliving their mother. The will, after giving Mrs. Eliza G Porter an estate for life in the entire property of the testator, contained the following residuary clause: "On the decease of my wife, Eliza G. Porter, I desire my property to be divided equally between my surviving children deducting from the share of my eldest son the sum advanced to him, and appearing in my books under the head of 'Arthur C. Porter, advancement,' and also the sum he may owe me on general account; and providing from my estate for the education and support of the younger children until they respectively arrive at the age of 21 years, before such distribution I direct that the support of my younger children be provided for during the life-time of my wife from the devise of income to her, and also their education." Four children, Arthur, Mary, Gove, and George, survived their father. George died unmarried, and Gove died leaving a widow and child during the life of Mrs. Eliza G. Porter. The widow of Gove Porter sues now for an interest in her husband's estate derived from his father's will.

The case falls within the same principle as Rood v. Hovey ante, 525, presented...