Jeffers v. Sydnam

Michigan Supreme Court

Jeffers v. Sydnam

89 N.W. 42, 129 Mich. 440, 1902 Mich. LEXIS 477

CourtMichigan Supreme Court

DecidedFebruary 11, 1902

StatusPublished

Cited by5 cases

This text of 89 N.W. 42 (Jeffers v. Sydnam) 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

Jeffers v. Sydnam, 89 N.W. 42, 129 Mich. 440, 1902 Mich. LEXIS 477 (Mich. 1902).

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Opinion

Grant, J.

(after stating the facts). By the law of descent in this State at the time of William J. Knapp’s [444]*444death, the widow was endowed with a life estate in the land. 2 How. Stat. § 5772a, subd. 2. The widow could not convey, even by warranty deed, any greater interest in the land than that of which she was possessed, and there is no evidence in the record that she intended to. No expectant estate can be defeated by the act of the owner of the intermediate estate, or by any destruction thereof. 3 Comp. Laws, § 8814. The present case, in all its aspects, is ruled against the defendant by Lumley v. Haggerty, 110 Mich. 552 (68 N. W. 243, 64 Am. St. Rep. 364); Bowen v. Brogan, 119 Mich. 218 (77 N. W. 942, 75 Am. St. Rep. 387). Defendant obtained only the life interest which Mrs. Knapp had, and, as such, it was his duty to pay the taxes. Smith v. Blindbury, 66 Mich. 319 (33 N. W. 391); Jenks v. Horton, 96 Mich. 13 (55 N. W. 372).

The judgment is affirmed.

Hooker, C. J., Moore and Montgomery, JJ., concurred. Long, J., did not sit.

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Grant, J.

(after stating the facts). By the law of descent in this State at the time of William J. Knapp’s [444]*444death, the widow was endowed with a life estate in the land. 2 How. Stat. § 5772a, subd. 2. The widow could not convey, even by warranty deed, any greater interest in the land than that of which she was possessed, and there is no evidence in the record that she intended to. No expectant estate can be defeated by the act of the owner of the intermediate estate, or by any destruction thereof. 3 Comp. Laws, § 8814. The present case, in all its aspects, is ruled against the defendant by Lumley v. Haggerty, 110 Mich. 552 (68 N. W. 243, 64 Am. St. Rep. 364); Bowen v. Brogan, 119 Mich. 218 (77 N. W. 942, 75 Am. St. Rep. 387). Defendant obtained only the life interest which Mrs. Knapp had, and, as such, it was his duty to pay the taxes. Smith v. Blindbury, 66 Mich. 319 (33 N. W. 391); Jenks v. Horton, 96 Mich. 13 (55 N. W. 372).

The judgment is affirmed.

Hooker, C. J., Moore and Montgomery, JJ., concurred. Long, J., did not sit.

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Bluebook (online)

89 N.W. 42, 129 Mich. 440, 1902 Mich. LEXIS 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeffers-v-sydnam-mich-1902.

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