Legal Opinion

Aikin v. Weckerly

Michigan Supreme Court

Decided January 5, 1870PublishedCited by 26 opinions

Error to St. Joseph Circuit. This case was brought into the Circuit Court of the county of St. Joseph by appeal from the Probate Court allowing the last will of John Aikin.

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Error to St. Joseph Circuit. This case was brought into the Circuit Court of the county of St. Joseph by appeal from the Probate Court allowing the last will of John Aikin. An issue having been directed to try the validity of the will, Thomas Aikin, the executor and appellee, declared and “averred that heretofore, to wit, on the 9th day of July, A. D., 1866, at the township of Sturgis, in the said county of St. Joseph, John Aikin, then, being of full age and sound mind, did then and there make his last will and testament in writing, and signed by the testator, and attested and subscribed in…

1Opinion of the Court

Graves J.

This was an appeal from an order of the Judge of Probate, which determined that the instrument mentioned in the record as the last will and testament of John Aikin, deceased, had been duly proved and established. After the appeal, an issue was regularly framed in the Circuit and tried there before a jury, who found that the instrument in question was not the last will and testament of John Aikin. TJpon this trial the proponent, Thomas Aikin, excepted to several decisions of the Court in charging and refusing to charge, and these exceptions are now before us upon writ of error.

The…

2Cases cited3 opinions

  1. Beaubien v. CicotteMichigan Supreme Court · 1864
  2. Taff v. HosmerMichigan Supreme Court · 1866
  3. Beaubien v. CicotteMichigan Supreme Court · 1860

3Cited by26 opinions

  1. Stephenson v. GoldenMichigan Supreme Court · 1937
  2. Kempsey v. McGinnissMichigan Supreme Court · 1870
  3. Maynard v. VintonMichigan Supreme Court · 1886
  4. Prentis v. BatesMichigan Supreme Court · 1892
  5. Ewing v. McIntyreMichigan Supreme Court · 1905

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