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In re Vanconnett Estate

Supreme Court of Michigan
Jan 13, 2006
474 Mich. 999 (Mich. 2006)

Opinion

No. 126758.

January 13, 2006.


Leave to Appeal Granted.

SC: 126758.

The parties shall include among the issues to be briefed: (1) whether MCL 700.2514 has displaced the case law that predated the adoption of the Estates and Protected Individuals Code (EPIC), MCL 700.1101 et seq., under MCL 700.1203(1), (2) whether the mere fact that Herbert and Ila VanConett entered into a mutual will imposes restrictions on the surviving spouse's power of disposal despite the absence of express contractual or testamentary limitations on the power of alienation, (3) the source and nature of such a restraint if it is contended that Herbert VanConett was so restrained from disposing of his estate, and (4) whether any secondary authority in wills and estates law (e.g., hornbooks and treatises), or practice in the field, supports the proposition that a mutual will imposes restrictions on the surviving spouse's power of disposal in the absence of express contractual language or testamentary limitations on the power of alienation. The Real Property Law Section and Probate and Estate Planning Section of the State Bar of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the questions presented may move the Court for permission to file briefs amicus curiae. Reported below: 262 Mich App 660.


Summaries of

In re Vanconnett Estate

Supreme Court of Michigan
Jan 13, 2006
474 Mich. 999 (Mich. 2006)
Case details for

In re Vanconnett Estate

Case Details

Full title:In re VANCONNETT ESTATE, FLOYD RAU, Personal Representative of the Estate…

Court:Supreme Court of Michigan

Date published: Jan 13, 2006

Citations

474 Mich. 999 (Mich. 2006)
708 N.W.2d 99

Citing Cases

In re Leix Estate

whether the mere fact that Herbert and Ila VanConett entered into a mutual will imposes restrictions on the…