Legal Opinion

Anderson v. Walters

Michigan Supreme Court

Decided September 5, 1939No. Docket No. 112, Calendar No. 40,611Published

1Opinion of the CourtBtjshnell, J.

A directed verdict for defendants was set aside in a former appeal in this cause. See *170In re Dellow’s Estate, 286 Mich. 117. Catherine Dellow, on the day of her husband’s funeral, executed a written election to take her statutory distributive share of the lands and personal property of her deceased husband rather than in accordance with his last will and testament. 3 Comp. Laws 1929, § 15564 (Stat. Ann. § 27.2664). Mrs. Dellow at the time was 83 years of age. The question raised is whether she had sufficient mental capacity to make and execute such widow’s election.

On the second trial in the…

2Cases cited7 opinions

  1. Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
  2. O'Connor v. MadisonMichigan Supreme Court · 1893
  3. In Re Teller's EstateMichigan Supreme Court · 1939
  4. Ganun v. GanunMichigan Supreme Court · 1913
  5. Renaud v. PageotMichigan Supreme Court · 1894

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