In Re King's Estate

Michigan Supreme Court

In Re King's Estate

227 N.W. 541, 248 Mich. 650

CourtMichigan Supreme Court

DecidedDecember 3, 1929

DocketDocket No. 21, Calendar No. 34,469.

StatusPublished

Cited by4 cases

This text of 227 N.W. 541 (In Re King's Estate) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re King's Estate, 227 N.W. 541, 248 Mich. 650 (Mich. 1929).

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Opinion

The question here presented is whether a husband, who joined with his wife as a vendor in a land contract for the sale of lands held by them as tenants by entireties, takes the unpaid portion of the purchase price by right of survivorship upon the demise of the wife. Our decision in Detroit Security TrustCo. v. Kramer, 247 Mich. 468, handed down since the instant case was decided in the circuit court, is controlling. The surviving spouse takes by reason of his right of survivorship. The judgment of the lower court must be reversed, and the case remanded for judgment in accordance with this opinion; and thereupon the judgment will be certified to the probate court for further proceedings incident to the settlement of the estate of the deceased. The appellant will have costs in both the circuit court and Supreme Court.

FEAD, BUTZEL, WIEST, CLARK, McDONALD, POTTER, and SHARPE, JJ., concurred. *Page 652

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The question here presented is whether a husband, who joined with his wife as a vendor in a land contract for the sale of lands held by them as tenants by entireties, takes the unpaid portion of the purchase price by right of survivorship upon the demise of the wife. Our decision in Detroit Security TrustCo. v. Kramer, 247 Mich. 468, handed down since the instant case was decided in the circuit court, is controlling. The surviving spouse takes by reason of his right of survivorship. The judgment of the lower court must be reversed, and the case remanded for judgment in accordance with this opinion; and thereupon the judgment will be certified to the probate court for further proceedings incident to the settlement of the estate of the deceased. The appellant will have costs in both the circuit court and Supreme Court.

FEAD, BUTZEL, WIEST, CLARK, McDONALD, POTTER, and SHARPE, JJ., concurred. *Page 652

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Bluebook (online)

227 N.W. 541, 248 Mich. 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kings-estate-mich-1929.

Opinion

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