Legal Opinion

Lyon v. Dada

Michigan Supreme Court

Decided July 10, 1901PublishedCited by 3 opinions

Error to Berrien; Coolidge, J. William R. Lyon presented for probate the last will and testament of Laura E. Dada, deceased. The will was allowed in the probate court, and Percy A. Dada, an infant, by Warner M. Baldwin, his guardian, appealed to the circuit, where probate was refused. Proponent brings error.

1Opinion of the CourtMontgomery, C. J.

This is an appeal from an order of the circuit court refusing probate to the will of Laura E. Dada, deceased. A will of later date was offered for probate, and the decision denying probate to this will was affirmed by this court in Lyon v. Dada, 111 Mich. 340 (69 N. W. 654). That later purported will contained a clause revoking all former wills. The question presented by this appeal is whether denial of probate to this will is res adjudicata upon the question of whether it revokes the former will.

This question was before the court of Massachusetts in the early case of Laughton v. Atkins, 1…

2Cases cited2 opinions

  1. Dudley v. GatesMichigan Supreme Court · 1900
  2. Lyon v. DadaMichigan Supreme Court · 1896

3Cited by3 opinions

  1. In Re Estate of ThompsonCalifornia Supreme Court · 1921
  2. Mort v. Trustees of Baker UniversityMissouri Court of Appeals · 1935
  3. In re O'BrionSupreme Judicial Court of Maine · 1921

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