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).
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,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol37/iss7/28