Durfee v. Risch
Michigan Supreme Court
Case made from Livingston; Smith, J. Edith Durfee presented for probate the last will and testament of Anna B. Risch, deceased. The will was disallowed in the probate court, and proponent appealed to the circuit court. There was judgment for proponent on a verdict directed by the court, and contestant appeals.
1Opinion of the CourtMontgomery, J.
On appeal from the probate court, the circuit judge directed a verdict admitting the will in question to probate. Contestant appeals.
Testatrix, while unmarried, executed the will in ques*505tion. She subsequently married, and had issue, one child, who survives. The sole question is whether the will of a single woman is revoked by her subsequent marriage, followed by the birth of a child or children. Our statute of wills (section 9270, 3 Comp Laws), which prescribes the formalities required for the revocation of wills, provides that “nothing contained in this section shall prevent the revocation…
2Cases cited5 opinions
- Lansing v. HaynesMichigan Supreme Court · 1893
- Will of WardWisconsin Supreme Court · 1887
- Noyes v. SouthworthMichigan Supreme Court · 1884
- Kelly v. StevensonSupreme Court of Minnesota · 1902
- Cotheal v. . CothealNew York Court of Appeals · 1869
3Cited by9 opinions
- Naab v. SmithWyoming Supreme Court · 1940
- Pascucci v. AlsopCourt of Appeals for the D.C. Circuit · 1945
- In Re the Estate of SantelliSupreme Court of New Jersey · 1958
- Ladies' Auxiliary of Ancient Order of Hibernians v. FlaniganMichigan Supreme Court · 1916
- Morris v. FosterCourt of Appeals for the D.C. Circuit · 1922
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