Legal Opinion

Moore v. Smith

Michigan Supreme Court

Decided June 1, 1916No. Docket No. 43PublishedCited by 5 opinions

Error to Kalamazoo; Weimer, J. Edwin Moore and others presented for probate the last will of Huldah M. Armstrong, deceased. From an order admitting the same to' probate, Laura Smith appealed to the circuit court. Judgment for contestant. Proponents bring error.

1Opinion of the CourtOstrander, J.

Upon' appeal from an order admitting to probate the last will of Huldah M. Armstrong, deceased, both parties asked for a directed verdict, which was refused, and the court submitted to the jury two special, questions, which were:

Was the instrument purporting to' be the last will and testament of Huldah M. Armstrong procured by undue influence?

Did Huldah M. Armstrong, after the execution of the will involved in this case, execute and deliver a valid declaration of trust, covering all the property, real and personal, which she then had?

The first question the jury answered in the negative, and…

2Cases cited9 opinions

  1. Ellis v. SecorMichigan Supreme Court · 1875
  2. Clay v. LaytonMichigan Supreme Court · 1903
  3. O'Neil v. GreenwoodMichigan Supreme Court · 1895
  4. Baker v. BairdMichigan Supreme Court · 1890
  5. Bostwick v. MahaffyMichigan Supreme Court · 1882

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

3Cited by5 opinions

  1. In re Leete EstateMichigan Court of Appeals · 2010
  2. In Re Estate of O'ConnorSupreme Court of Minnesota · 1934
  3. Combs v. McIntireNebraska Supreme Court · 1943
  4. O'Connor v. St. Joseph's Provincial HouseSupreme Court of Minnesota · 1934
  5. Thatcher v. MerriamUtah Supreme Court · 1952

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