Longe v. Kinney
Michigan Supreme Court
Appeal from Ionia; Davis, J. Bill by Nellie Longe against Will Kinney, administrator de bonis non with the will annexed of the estate of Mary O’Day, deceased, and others, to enforce an alleged trust. From a decree for complainant, defendants appeal.
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Appeal from Ionia; Davis, J. Bill by Nellie Longe against Will Kinney, administrator de bonis non with the will annexed of the estate of Mary O’Day, deceased, and others, to enforce an alleged trust. From a decree for complainant, defendants appeal. On July 19, 1889, Patrick O’Day made his last will and testament, the material provisions of which are as follows: “I hereby give, devise and bequeath the following described real estate [describing forty acres] to my executor hereinafter named, in trust, however, to sell the same and out of the proceeds thereof to pay all my debts and funeral…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first question requiring consideration is whether the testimony of Mr. Hawley is competent. 3 Comp. Laws, § 10212, was amended by Act No. 30 of the Public Acts of 1903 to read in part as follows:
“No person who shall have acted as an agent in the making or continuing of a contract with any person who may have died, shall be a competent witness in any suit involving such contract, as to matters occurring prior to the death of such decedent, on behalf of the principal to such contract against the legal representatives or heirs of such decedent, unless he shall be…
2Cases cited10 opinions
- Hayes v. LivingstonMichigan Supreme Court · 1876
- Shattuck v. WatsonMichigan Supreme Court · 1910
- Collar v. CollarMichigan Supreme Court · 1891
- Willis v. RobertsonSupreme Court of Iowa · 1903
- Rapley v. McKinney's EstateMichigan Supreme Court · 1906
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3Cited by10 opinions
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Reh v. ErtrachterMichigan Supreme Court · 1917
- Judd v. JuddMichigan Supreme Court · 1916
- Funk v. EngelMichigan Supreme Court · 1926
- McDonald v. RobertsonCourt of Appeals for the Sixth Circuit · 1939
5 more not listed; retrieve them via the Exa API.