Brendel v. Hansen
Brendel v. Hansen
Opinion of the Court
Theodore Ronnefeld died June 6, 1888, leaving surviving him a widow, Gesina Ronnefeld, and two daughters, complainants here, children by his first wife. Ella (Arabella) Hansen was his niece. He left an estate valued at about $25,000, consisting of about $11,000 of personal property and $14,000 in real estate.' His last will and testament contained three clauses the provisions of which are the only ones that need be considered in determining the questions involved in the present controversy, as follows:
“ Second. I do hereby give, bequeath, and devise unto my beloved wife, Gesina Ronnefeld, of the city of Detroit, county of Wayne, and State of Michigan, for and during the term of her natural life, the use, profit, income, and enjoyment of all the rest and residue of all my property, real, personal, and mixed, of every nature whatsoever, and wherever situate, of which I shall die seised or possessed, or to which I shall be entitled at the time of my decease: Provided, however, and I do hereby order, that my said' wife, out of the income from such rest and residue of my estate, shall support, as much as in her power, my daughters, Martha Eleonora Brendel and Lina Bertha Ronnefeld, and my niece, Arabella Hansen, while they are unmarried or widows, and have no other means for their support.
‘ ‘ Third. Upon the decease of my said wife, Gesina Ronnefeld, I do hereby give, grant, bequeath, and devise unto my two daughters, Martha Eleonora Brendel and Lina Bertha Ronnefeld, the whole of my estate, real, per
“Fourth. I do hereby appoint and nominate my said wife, Gesina Ronnefeld, of the city of Detroit, county of Wayne, and State of Michigan, executrix of this, my last will and testament, hereby giving and granting unto her the absolute right and full power and authority at any time to sell and convey' in fee simple or mortgage any or all of my real estate, and to give proper deeds and conveyances or mortgages for the same by virtue of the power hereby granted, and hereby requesting the judge of probate to demand of her only such bond as, in his judgment, shall be necessary for the proper execution hereof.”
The widow filed her bond, and took charge of the estate. She kept the family together after the death of her husband.
Some time in 1899 a dispute arose between the parties as to the use the widow was making of the property, moneys, and effects of the estate, and an application was made to the probate court by Eleonora Brendel asking the removal of Gesina Ronnefeld as executrix, and to have an administrator de bonis non appointed in her place. Following that, and some time in November, 1899, the bill in
The defendants filed separate answers to the bill. Gesina Ronnefeld admits in her answer that, after the payment of the debts and funeral expenses of her husband, there
The Home Savings Bank, bjr its answer, admits that in March, 1892, Gesina Ronnefeld opened a deposit with it of $300, and that subsequent deposits were made by her to the amount of $5,939.81; that the balance on deposit, amounting to $3,914.81, was withdrawn August 25, 1899, the account closed, and on the same day defendant Ella Hansen opened an account with said defendant, amounting to $3,839.81, from which account nothing has been withdrawn, but to which no deposits have been made; that on May 3, 1892, Ella Hansen also opened an account with said defendant in the sum of $2,214.37; that the total deposits in said account have been $3,574,39, and withdrawn the sum of $3,450, leaving a balance of $124.39; that the accounts so opened by said Gesina Ronnefeld and Ella Hansen still stand as personal accounts; and that defendants did not represent themselves to the defendant bank as acting in any representative capacity whatever.
Defendant Ella Hansen, in her answer, also alleges that the moneys and property of the estate, after payment of the debts and funeral expenses, vested in and became the absolute property of Gesina Ronnefeld. She denies that any moneys of the estate have been deposited with William Look, or that he is indebted in the amount stated in the bill. She also denies the right of complainants to have matters not material to this case investigated or tried in the case; denies also that complainants are entitled to any further or other answer to matters and things charged in paragraph 5 of the bill. She denies that any money belonging to the estate, or in which the complainants have any interest, has been deposited with the Home Savings Bank.
Gesina Ronnefeld died April 26, 1900, and the court
First. That the complainants, the children of the deceased, Theodore Ronnefeld, are entitled to the fee of all the real estate and to the whole of the personal estate, subject to the life estate and interest of Gesina Ronnefeld. .
Second. That the defendant the Home Savings Bank pay over to complainants, or their solicitor, all the moneys deposited in the bank in the name of Ella Hansen; and that said Ella Hansen, her agents, attorneys, and solicitors, turn over to the complainants, or their solicitor, all the stocks, bonds, notes, mortgages, claims, and demands belonging to said estate now in their possession.
Third. That the defendant Ella Hansen render a full and true account of all moneys, credits, chattels, and effects belonging to said estate received by her, and in her possession or custody, oyer and above the money in said Home Savings Bank, and pay over to said complainants the amount found to be due said complainants on sueh accounting.
Fourth. That the cause be referred to a circuit court commissioner to take such account; and that, if said Ella Hansen neglect or refuse to render such account within 10 days after service upon her or her solicitor of a copy of said decree, that this decree stand as a personal decree against her for the sum of $7,862.72, belonging to the estate of the deceased according to the administration account of Gesina Ronnefeld, allowed by the probate court on February 18, 1890, after deducting from said sum the moneys paid over to complainants by said Home Savings Bank in pursuance of this decree.
Defendant Ella Hansen has appealed. It is contended by her counsel that under this will the widow became the absolute owner of all the estate of the testator after the payment of debts, funeral expenses, and expenses of administration. We think the will cannot have sueh construction. By such a construction the testator’s children would be absolutely disinherited. It is evident from a reading of the will that he intended his widow should have the use and income of the estate, but charged upon that use and income the care of the two daughters and Ella Han
The decree below must be affirmed, with costs.
Reference
- Full Case Name
- BRENDEL v. HANSEN
- Status
- Published