TRUSTS - RIGHT OF TRUSTEE'S WIFE TO DOWER IN PROPERTY HELD SUBJECT TO ORAL TRUST - EFFECT OF SUBSEQUENT MEMORANDUM - DOWER WHERE TRUSTEE HAS BOTH LEGAL AND EQUITABLE INTEREST

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Pursuant to an oral agreement and upon consideration furnished by them, A, B, and C procured land to be conveyed to A by a third party. Six days later A executed a self declaration of trust in the terms of the oral agreement; that he would operate it, and within a specified period sell the property and divide the proceeds between himself, B and C, as beneficiaries. A suit to remove A as trustee culminated in a judicial sale of the property to B and C. In this proceeding by B and C to quiet title, A's wife claimed dower in (1) the whole tract of land, or failing that, in (2) that portion of the land in which her husband held a beneficial interest. Held, that under the Michigan dower statute she had no interest in the land. Sagendorph v. Lutz, 286 Mich. 103, 281 N. W. 553 · (1938).

Recommended Citation

Michigan Law Review, TRUSTS - RIGHT OF TRUSTEE'S WIFE TO DOWER IN PROPERTY HELD SUBJECT TO ORAL TRUST - EFFECT OF SUBSEQUENT MEMORANDUM - DOWER WHERE TRUSTEE HAS BOTH LEGAL AND EQUITABLE INTEREST, 37 Mich. L. Rev. 1163 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss7/28