Shaffer v. Kalamazoo College

McCOMB, J. This is an appeal from a portion of an order distributing the estate of decedent, Austin N. Kimmis.

The essential facts are these:

Mr. Kimmis, an attorney at law, died on January 5, 1945. He left surviving him only collateral heirs, his wife having predeceased him. Decedent left a will dated June 27, 1939. After directing payment of his debts and funeral expenses and bequeathing all his household furniture and furnishings to Marie Rearson Matziner, the will provided as follows:

“It is my will that all or such portion of my residuary estate as is legally permissible, but not exceeding one half thereof, be distributed to Kalamazoo College, Kalamazoo, Michigan, which bequest, under such rules as may be prescribed by the governing body of that institution, shall constitute a loan fund from which loans may be made to young men and women desiring to attend college. Before making any loan the governing body should, after careful investigation, be convinced that the applicant is of good moral character has mental capacity of a high order and is inspired by motives that will insure earnest effort.

“Fourth

"I further hereby give, will, devise and bequeath from such portion of my estate as shall remain the following: . . . (Then followed a list of collateral relatives and strangers who were given cash bequests in different amounts.)

“All the rest, residue and remainder of my estate I hereby will, devise and bequeath as follows:

[235]" Twenty-two (22%) per cent thereof to each of the following : Prances Mode Goodall, Douglas G. Mode and Robert S. Mode, children of my wife’s deceased brother, all now residing at Midland, Michigan, and Jennie D. Mosher, now residing at 72 Tuxedo Avenue, Detroit, Michigan; and

“Twelve (12%) per cent thereof to Laura Mosher Korneffel, now residing at Detroit, Michigan. ’ ’

These persons just named in the latter portion of paragraph Fourth of the will are the individuals directly benefited by the lower court’s interpretation of the will as expressed in the decree of distribution. The probate court ordered the specific bequests paid before payment and distribution to appellant of one-half of the residue of the estate.