McGinnis v. Kempsey
Michigan Supreme Court
Error to Kalamazoo Circuit. This is-an appeal to the.court below, from .the order of •the probate court, allowing the will of Thomas Patterson. The will was proposed by Nancy McGinnis, James McGinnis, Henry McGinnis, John McGinnis, Sarah Wiswell, Mary A. Payne, named as devisees in the will, and Botman Fitzsimmons, named as executor; and was contested by' Mary Kempsey.
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Error to Kalamazoo Circuit. This is-an appeal to the.court below, from .the order of •the probate court, allowing the will of Thomas Patterson. The will was proposed by Nancy McGinnis, James McGinnis, Henry McGinnis, John McGinnis, Sarah Wiswell, Mary A. Payne, named as devisees in the will, and Botman Fitzsimmons, named as executor; and was contested by' Mary Kempsey. The case was tried in the court below by jury, who found for the contestant, arid the proponents bring the case here on writ of error. The question, put to Dr. Mot tram, which is referred, to in the opinion, was, whether, in…
1Opinion of the CourtGraves, J.
Since our judgment in this case as reported in 21 Mich., 123, a second trial has been had, resulting in a verdict against the validity of the instrument propounded as the last will and testament of Thomas Patterson, deceased, and the cause is again brought here to obtain a revision of certain rulings upon that trial.
Several errors are assigned in the record, but only those1 will be noticed which were insisted on at the hearing.
The first point is upon the exclusion of a question put by proponents on cross-examination, to the witness Echardt. This witness had testified at much length relative…
2Cases cited5 opinions
- Beaubien v. CicotteMichigan Supreme Court · 1864
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- Kempsey v. McGinnissMichigan Supreme Court · 1870
- La Beau v. . the PeopleNew York Court of Appeals · 1866
- Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1871
3Cited by20 opinions
- People v. AuerbachMichigan Supreme Court · 1913
- Rivard v. RivardMichigan Supreme Court · 1896
- Cockrill v. CoxTexas Supreme Court · 1886
- Prentis v. BatesMichigan Supreme Court · 1892
- Wood v. WoodWyoming Supreme Court · 1917
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