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IN RE HORRIE ESTATE

Docket No. 22, Calendar No. 48,943.

365 Mich. 448 (1962)

113 N.W.2d 793

In re HORRIE ESTATE.

Supreme Court of Michigan.

Decided March 15, 1962.

Attorney(s) appearing for the Case

George J. Slykhouse, guardian ad litem for children of living parents and for unknown and unborn issue, appellant.

Clifford J. Murphy, for one of secondary beneficiaries, Wallace D. Driver, appellee.

Amicus curiae:

McShane & Bowie (T. Gerald McShane), for other secondary beneficiaries, for per stirpital distribution.

SOURIS, J.

The issue presented for our decision is the meaning of a bequest over to the "surviving issue" of primary beneficiaries. Although an ancient problem in other jurisdictions, it is presented to us as a matter of first impression in Michigan.

Mary Horrie died in 1930, leaving surviving neither a husband nor children. Three brothers and 1 sister did survive. By will, 1 brother was bequeathed only income from a $10,000 trust and the other 2 brothers...

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