Sellick v. Sellick
Michigan Supreme Court
173 N.W. 609 (1919)
William J. Sellick (the decedent) died, survived by his wife, Caroline Sellick, and his son from a prior marriage, William R. Sellick (the son) (plaintiff). The decedent was also survived by his nephew, Arthur Sellick, and his niece, Gertrude Sellick (defendants). The decedent’s will left Caroline $25,000 to use for her lifetime and provided that any remainder at her death would go equally to Arthur and Gertrude. In addition, the will left $5,000 each to Arthur and Gertrude. Finally, the will left the residue of the decedent’s estate to his son. Caroline, as the decedent’s widow, chose to take her statutory elective share of the decedent’s estate. The son filed a petition claiming that the $25,000 in the will should be held for him as residuary legatee to offset the depletion of his residuary interest that resulted from Caroline taking her elective share. The trial court held that as a result of the $5,000 gifts to Arthur and Gertrude, the will left Caroline $25,000 absolutely, thus holding that Arthur and Gertrude were not entitled to receive any of the $25,000, regardless of any of the other questions presented. Arthur and Gertrude appealed, arguing that the will gave Caroline $25,000 in a life estate and that Caroline’s statutory election ended her life estate, leaving the remainder to immediately pass to Arthur and Gertrude under the doctrine of acceleration of remainders.
Rule of Law
Holding and Reasoning (Fellows, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 710,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 710,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.