Shattuck v. Fagan

2 Citing cases

  1. In re Bruin Estate

    120 N.W.2d 752 (Mich. 1963)   Cited 5 times

    Kirsher v. Todd, 195 Mich. 297, 309. See, also, Mills v. Butler, 364 Mich. 422. There is a strong presumption in this State against partial intestacy ( Toms v. Williams, 41 Mich. 552; Mann v. Hyde, 71 Mich. 278; Foster v. Stevens, 146 Mich. 131; Shattuck v. Fagan, 337 Mich. 83; and In re McKay Estate, 357 Mich. 447) and, although the presumption is not conclusive ( Shattuck v. Fagan, supra, at p 89), we have said that we will adopt any reasonable construction of a will to avoid it ( In re Chapple's Estate, 338 Mich. 246, and Hay v. Hay, 317 Mich. 370, at p 403). Bruin's partial intestacy can be avoided, quite reasonably in my view, by giving to the word "cash" that meaning which the record discloses Bruin himself and his farm neighbors and business associates gave to it, — a meaning which includes government bonds as well as certificates of deposit. The record discloses that Bruin during his lifetime referred to his bonds as cash and, in the conduct of his business, at times used bonds to buy cattle.

  2. In re Pistor

    154 A.2d 721 (N.J. 1959)   Cited 4 times

    In case of doubt, a construction of the will which more clearly serves the purpose of the statute should prevail. Shattuck v.Fagan, 337 Mich. 83, 59 N.W.2d 96 ( Sup. Ct. 1953); Inre Burk's Will, 298 N.Y. 450, 84 N.E.2d 631 ( Ct. App. 1949), rehearing denied 299 N.Y. 308, 86 N.E.2d 759 ( Ct.App. 1949), and 300 N.Y. 498, 88 N.E.2d 725 ( Ct. App. 1949); Schouler, Law of Wills (1887), § 479. In ordinary circumstances, the interests of widows are to be carefully guarded.