Mich. Comp. Laws § 565.4

Conveyance of greater estate than possessed; effect.

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Revised Statutes of 1846

R.S. of 1846

565.4 Conveyance of greater estate than possessed; effect.

Sec. 4.

A conveyance made by a tenant for life or years, purporting to grant a greater estate than he possessed or could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate which such tenant could lawfully convey.

History: R.S. 1846, Ch. 65 ;-- CL 1857, 2723 ;-- CL 1871, 4206 ;-- How. 5654 ;-- CL 1897, 8958 ;-- CL 1915, 11690 ;-- CL 1929, 13280 ;-- CL 1948, 565.4

Notes of Decisions

Cited in 2 cases, 1990–2020 · leading case: Albro v. Allen

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Albro v. Allen (1990) mich “[MCL 565.4; MSA 26.523.] Moreover, the Legislature has decreed that the contingent remainder following the joint life estate may not be destroyed by alienation of the precedent estate or by any act by the owner of the precedent estate: *281 No expectant estate can be defeated or…”

Deutsche Bank National Trust Company v. Andrew Hargreaves (2020) michctapp “Under MCL 565.4, a deed holder may convey only the interest held.”

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