BURNETT v. GOODYEAR

Docket No. 18, Calendar No. 44,759.

329 Mich. 214 (1950)

45 N.W.2d 41

BURNETT v. GOODYEAR.

Supreme Court of Michigan.

Decided December 5, 1950.


Attorney(s) appearing for the Case

Mitts & Smith (Butzel, Levin, Winston, Youngjohn & Quint, of counsel), for plaintiffs.

Butterfield, Amberg, Law & Buchen and Niel A. Weathers, for defendant.


NORTH, J.

By their bill of complaint plaintiffs seek a decree construing the fifth paragraph of the will of Philip T. Colgrove, deceased. Defendant's motion to dismiss was granted. Plaintiffs, as executor and executrix of the will of Lawrence E. Colgrove, have appealed.

Under plaintiffs' contention in the instant case Lawrence E. Colgrove, a son of Philip T. Colgrove, became the sole devisee of the Philip T. Colgrove estate, subject however to certain rights...

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