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IN RE SWART'S ESTATE

Docket No. 19, Calendar No. 45,204.

332 Mich. 404 (1952)

51 N.W.2d 903

In re SWART'S ESTATE.

Supreme Court of Michigan.

Decided March 6, 1952.

Attorney(s) appearing for the Case

Eugene G. Donohoe (Joseph Sanders, of counsel), for appellant.

Dickinson, Wright, Davis, McKean & Cudlip (Robert E. McKean, of counsel), for defendant estate.

CARR, J.

This case involves the interpretation and effect of an order made by the probate court of Wayne county in the course of proceedings for the administration of the estate of William C. Swart, deceased. The last will and testament of the decedent created a trust to be administered by trustees in accordance with the directions given. Paragraph 6 of the will provided specifically that in case the net income of the trust exceeded in any given year the aggregate...

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