no-contest clause (Michigan) · Go Syfert
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no-contest clause in Michigan

5 Michigan opinions name it 2 courts 2013–2020 0 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
In re Estate of Stangreen
michctapp · 2013 · cited in 1 Michigan opinions naming this issue, 2013–2013
1 sentence

2013The Court of Appeals indicated that the trial court lacked jurisdiction over the action because of its hypothetical nature, but proceeded nonetheless to hold that by bringing the action, appellee had not thereby breached the no- contest clause. 2 I would grant leave to appeal to consider the following three questions: (a) as addressed at greater length in Justice VIVIANO’s thoughtful dissent, whether in light of MCL 700.7113 the trial court possessed jurisdiction to hear the instant declaratory judgment action, see McLeod v McLeod, 365 Mich 25 (1961); (b) whether the Court of Appeals erred by

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
In re Miller Osborne Perry Trust green
michctapp · 2013
2 sentences

2020In In re Miller Osborne Perry Trust, 299 Mich App 525, 530 ; 831 NW2d 251 (2013), this Court explained that no-contest clauses are valid and enforceable, but they must be strictly construed.

2020Thus, the trustee’s and Hallquist’s distributions may be forfeited only if their actions “come strictly within the express terms of the no-contest clause at issue.” Id. (quotation marks and citations omitted).

32018–2020
Saier v. Saier green
mich · 1962
1 sentence

2013Id. (quotation marks, citation, and emphasis omitted).

12013–2013
McLeod v. McLeod green
mich · 1961
1 sentence

2013The Court of Appeals indicated that the trial court lacked jurisdiction over the action because of its hypothetical nature, but proceeded nonetheless to hold that by bringing the action, appellee had not thereby breached the no- contest clause. 2 I would grant leave to appeal to consider the following three questions: (a) as addressed at greater length in Justice VIVIANO’s thoughtful dissent, whether in light of MCL 700.7113 the trial court possessed jurisdiction to hear the instant declaratory judgment action, see McLeod v McLeod, 365 Mich 25 (1961); (b) whether the Court of Appeals erred by

12013–2013

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 700.7113 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 50 (1956–2026) MO 12 (1929–2024) TX 8 (1993–2020) NV 8 (2014–2025) AZ 7 (2015–2025) VA 6 (2010–2026) MI 5 (2013–2020) OR 5 (1985–2024) LA 4 (2018–2024) WY 4 (1992–2024) AR 4 (2007–2025) IA 4 (2017–2025) CO 4 (2016–2018) OH 3 (2002–2026) OK 3 (1989–2025) KY 3 (2010–2024) NY 3 (1994–2023) ND 2 (2009–2009) KS 2 (2013–2020) NM 2 (2005–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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