Trabbic v. Trabbic
Michigan Supreme Court
Appeal from Monroe; Lockwood, J. Bill by Victoria Trabbic against Flaget Trabbic to set aside the transfer of a mortgage. From a decree dismissing the bill, complainant appeals. Complainant and Peter Trabbic were married April 9, 1882. He was then a widower with nine children. He died June 11, 1903. Complainant at the time of her husband’s death was about 62 years old. He had no issue by his second marriage.
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Appeal from Monroe; Lockwood, J. Bill by Victoria Trabbic against Flaget Trabbic to set aside the transfer of a mortgage. From a decree dismissing the bill, complainant appeals. Complainant and Peter Trabbic were married April 9, 1882. He was then a widower with nine children. He died June 11, 1903. Complainant at the time of her husband’s death was about 62 years old. He had no issue by his second marriage. The day before he married he executed deeds to three of his sons, reserving in each parcel of land conveyed a life estate. He later purchased 100 acres of land for another son, paying…
1Opinion of the CourtGrant, J.
(after stating the facts). The learned circuit judge found that the deceased was in the full possession of his faculties when these papers were executed and that no undue influence was exercised by any of his children to induce the execution. Counsel for the complainant do not in their brief contend that the deceased was either incompetent or that there was any undue influence. Their argument is that there was a fraudulent intent on the part of Mr. Trabbic, before his marriage to complainant, and from then until the time of his death, to defraud complainant of her legal rights in his estate.…
2Cases cited3 opinions
- Holmes v. McDonaldMichigan Supreme Court · 1899
- Miller v. StepperMichigan Supreme Court · 1875
- Hagerman v. WigentMichigan Supreme Court · 1896
3Cited by6 opinions
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- Keller v. McConvilleMichigan Supreme Court · 1913
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- Madison Teachers, Inc. v. Scott WalkerWisconsin Supreme Court · 2013
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