Butler v. Rockett
Michigan Supreme Court
Error to Isabella; Murphy, J., presiding. William G. Butler presented for probate the last will of Alice T. Rockett, deceased, which was contested by Harvey Rockett. The probate court certified the case to the circuit court pursuant to the provisions of section 14145, 3 Comp. Laws 1915. • Judgment for contestant, Proponent brings error. This proceeding involves a contest over the will of Alice T. Rockett.
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Error to Isabella; Murphy, J., presiding. William G. Butler presented for probate the last will of Alice T. Rockett, deceased, which was contested by Harvey Rockett. The probate court certified the case to the circuit court pursuant to the provisions of section 14145, 3 Comp. Laws 1915. • Judgment for contestant, Proponent brings error. This proceeding involves a contest over the will of Alice T. Rockett. The will is dated January 16, 1913, and the testatrix died on February 19, 1913. The contestant, Harvey Rockett, was the husband of the testatrix, and they had lived together about 26 years.…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first question discussed by appellants relates to the constitutionality of Act No. 238, Pub. Acts 1911. The act purports to amend section 25 of chapter 33, compiler’^ section 669, 1 Comp. Laws. The section originally read as follows:
“In all cases not otherwise provided for, any person aggrieved by any order, sentence, decree or denial of a judge of probate, may appeal therefrom to the circuit court for the same county, by filing a notice thereof with the judge of probate within sixty days from the date of the act appealed from, with his reasons for such appeal,…
2Cases cited3 opinions
- Shanahan's v. MerrickMichigan Supreme Court · 1913
- Rouse v. Michigan United Railways Co.Michigan Supreme Court · 1909
- National Surety Co. v. GrantMichigan Supreme Court · 1913
3Cited by4 opinions
- In Re Paquin's EstateMichigan Supreme Court · 1950
- Tavernier v. McBurneySupreme Court of Rhode Island · 1973
- Rynn v. RynnSupreme Court of Rhode Island · 1935
- In Re Bolger's EstateMichigan Supreme Court · 1924