National Savings & Trust Co. v. Smith

I concur in the result but do not agree that the question before us is whether the testimony as to exhibit 6 (the writing left with the nurse) and the circumstances of its execution is admissible. The issue is as to the effect of this evidence, not its admissibility. Testimony of that nature is admissible for any one of four purposes: (1) To show whether it is in itself a testamentary disposition (In re Cosgrove’s Estate, 290 Mich. 258 [125 A. L. R. 410]); (2) whether it is a codicil (In re Henry’s Estate, 263 Mich. 410); (3) a revocation of a former will (Act No. 288, chap. 2, § 9, Pub. Acts…