Legal Opinion · Dissent

In Re McGraw's Estate

Michigan Supreme Court

Decided January 28, 1926No. Docket No. 48Published

1DissentSharpe, J.

This court did not hold in the former opinion in this case (228 Mich. 1) that an implied revocation might be- presumed from the mere fact of divorce. After referring to the holdings in Lansing v. Haynes, 95 Mich. 16 (35 Am. St. Rep. 545), and Wirth v. Wirth, 149 Mich. 687, it was said:

“It is quite evident that in the two Michigan oases there is no such holding, because the element of settlement was present in both cases.”

The conclusion on which the action of the court was based was thus stated:

“I am of the opinion that the conditions and circumstances attending the decree of divorce are…

2Cases cited9 opinions

  1. Lansing v. HaynesMichigan Supreme Court · 1893
  2. Estate of Brown v. BrownSupreme Court of Iowa · 1908
  3. Wirth v. WirthMichigan Supreme Court · 1907
  4. Maynard v. KeeneMichigan Supreme Court · 1915
  5. Stevens v. DebarMichigan Supreme Court · 1924

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API