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IN RE ELWEN ESTATE

Docket No. 67640.

144 Mich. App. 423 (1984)

375 N.W.2d 738

In re ELWEN ESTATE DIETERMAN v. SWADLING

Michigan Court of Appeals.

Decided March 26, 1984.

Attorney(s) appearing for the Case

Garrett J. Troff & Associates, P.C. (by Gerald H. Moffat), for petitioner.

Lilly, Domeny & Durant, P.C. (by Terrence J. Lilly and Randall L. Brown), for respondents.

Before: R.M. MAHER, P.J., and R.B. BURNS and J.G. ROSKOPP, JJ.

PER CURIAM.

The probate court granted petitioner's motion for summary judgment, ruling that under the terms of Beth Marie Elwen's will the respondents were not entitled to a life estate in certain property of the deceased.

The deceased died on January 11, 1982, survived by her son Joseph Lee Elwen and her daughter Carol Dieterman. The fourth paragraph of the deceased's will read as follows:

"FOURTH:...

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