In Re Nestorovski Estate

i. introduction

The precise issue litigated in In re Meredith Estate, 275 Mich 278; 266 NW 351 (1936) is the arbitrability of testamentary capacity; the Michigan Supreme Court in Meredith concluded that testamentary capacity is not arbitrable. In all material respects, an identical issue is presented to the Court, because we are asked to decide whether the parties’ agreement to arbitrate Vlado Nestorovski’s testamentary capacity is enforceable. Because we are bound by the principle of stare decisis embodied both in our jurisprudential history and in specific holdings from our highest court,…