Legal Opinion

Spencer v. Terry's Estate

Michigan Supreme Court

Decided April 21, 1903No. Docket No. 83PublishedCited by 17 opinions

Error to Berrien; Coolidge, J. George F. Sonner presented for probate tbe last .will and testament of Melissa E. Terry, deceased. The will was allowed in tbe probate court, and Charles A. Spencer and others appealed to the circuit. From a judgment for contestants, proponent brings error.

1Opinion of the CourtCarpenter, J.

Proponent asks this court to reverse a verdict and judgment denying probate to an instrument purporting to be the last will of Melissa E. Terry, deceased. The material facts are stated in the opinion rendered when this case was before the court on a former occasion. See Spencer v. Terry’s Estate, 127 Mich. 420 (86 N. W. 998).

While the proponent produced witnesses who were present when the will was made, and whose testimony tended very strongly to prove testamentary capacity at that time, the witnesses produced by contestants testified to observations made before and after said will was made.…

2Cases cited10 opinions

  1. Rivard v. RivardMichigan Supreme Court · 1896
  2. Prentis v. BatesMichigan Supreme Court · 1892
  3. Haines v. HaydenMichigan Supreme Court · 1893
  4. Prentis v. BatesMichigan Supreme Court · 1891
  5. Harring v. AllenMichigan Supreme Court · 1872

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3Cited by17 opinions

  1. Leffingwell v. BettinghouseMichigan Supreme Court · 1908
  2. Beattie v. BowerMichigan Supreme Court · 1939
  3. O'Dell v. GoffMichigan Supreme Court · 1907
  4. Sibley v. MorseMichigan Supreme Court · 1906
  5. Terry v. TerryMichigan Supreme Court · 1912

12 more not listed; retrieve them via the Exa API.

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