Magwood v. Clark

Lillie Belle Leonard died intestate on March 14, 1969. Plaintiff Edward Magwood is her brother and heir. The defendant John Edward Clark claims to be her common-law widower. 1 The Wayne County Probate Court entered an order determining heirs in December, 1970, concluding that John Edward Clark had been the common-law husband of the deceased. Mr. Magwood appealed to the Wayne County Circuit Court. There the case was heard de novo without a jury and the probate decision was affirmed. We granted leave to appeal June 19, 1972.

At the outset, we regard it as a well-settled rule that this Court will…