LOUIS DUCHENY V DONALD KEITH GREEN

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS LOUIS DUCHENY, Personal Representative of the Estate of WALLEN DUCHENY, Deceased, UNPUBLISHED Plaintiff-Appellee, v No. 194048 Antrim Circuit Court LC No. 93-006094 CH DONALD KEITH GREEN, JR., and LOIS GREEN, Defendant-Appellants. Before: White, P.J. and Saad, and Markey, JJ. WHITE, J. (concurring in part and dissenting in part). I am troubled by aspects of the trial court’s reasoning. For example, it is not surprising that the holder of a life estate would pay the taxes and expenses associated with the land, and that family members would request his permission to use the property and not the remainderman’s. Nevertheless, primarily because of the evidence concerning the transfer of a portion of the property to Alan Little in 1985, I am unable to conclude that the trial court’s findings on intent were clearly erroneous. I dissent, however, from the affirmance of the award of sanctions. Although this was a bench trial, the motion for new trial was not frivolous. Defendants properly sought to demonstrate to the court why, in their view, its reasoning, as expressed in its written opinion, was flawed. I would reverse the award of sanctions. /s/ Helene N. White -1

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.