Ewing v. McIntyre
Michigan Supreme Court
Error to Wayne; Donovan, J. Petition by Augusta Ewing for the probate of a lost or destroyed will, alleged to have been executed by Archibald P. McIntyre, deceased. The petition was denied in the probate court, and proponent appealed to the circuit. From a judgment for contestants, Delos McIntyre and others, on verdict directed by the court, proponent brings error.
1Opinion of the CourtHooker, C. J.
We are asked to decide in this cause whether there is jurisdiction in our probate courts to probate a lost, suppressed, or destroyed will, when the citation of such a court is ineffective to compel its production before the court.
One Augusta Ewing made the petition for probate, as a beneficiary. It states the decease of one Archibald P. McIntyre, in May, 1900, leaving a will, and an estate of •about $200,000 in real and personal property. The names of the heirs at law are given, all being collateral. It also names some heirs of his wife, who are said to be beneficiaries under the alleged…
2Cases cited13 opinions
- Gaines Et Ux. v. ChewSupreme Court of the United States · 1844
- Gaines v. HennenSupreme Court of the United States · 1861
- Heirs of Adams v. AdamsSupreme Court of Vermont · 1849
- Cheever v. NorthMichigan Supreme Court · 1895
- Dower v. SeedsWest Virginia Supreme Court · 1886
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3Cited by4 opinions
- Coulter v. PetersenSupreme Court of Iowa · 1934
- Ewing v. LamphereMichigan Supreme Court · 1907
- Estate of Johnson, Superior Court of California, County of San Francisco1903
- Ewing v. LamphereMichigan Supreme Court · 1910