Van Derlyn v. Mack
Michigan Supreme Court
Appeal from Jackson; Peck, J. Bill by Nelson Yan Derlyn, individually and as executor of the last will and testament of John Van Derlyn, deceased, and Alfred Van Derlyn against Lillie May Mack, an infant, by John F. Mack, guardian ad litem, to construe said will and codicil thereto, and to determine the legatees thereunder. From an order overruling a demurrer to the bill, defendant appeals.
1Opinion of the CourtHooker, J.
Lillie May Mack was adopted, under the provisions of the statute (3 Comp. Laws, § 8776 et seq.), in the year 1895, by John F. Mack and his wife, Mahala J. Mack. She was not of kin to either of these persons. Mahala J. Mack had four brothers, viz., James, Alfred, John, and Nelson Van Derlyn.
John Van Derlyn made a will September 25, 1901, in which he left his property to his three brothers, and mentioned his sister as having previously died without issue. On February 14, 1903, he made a codicil to the will, revoking all provisions in his will in favor of his brother James.
A question arises as…
2Cases cited17 opinions
- Sewall v. RobertsMassachusetts Supreme Judicial Court · 1874
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- Power v. HafleyCourt of Appeals of Kentucky · 1887
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3Cited by24 opinions
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