Legal Opinion

Andrews v. Lavery

Michigan Supreme Court

Decided December 10, 1909No. Docket No. 52PublishedCited by 5 opinions

Appeal from Bay; Collins, J. Bill by Martin M. Andrews, guardian of the estate of Agnes C. Cole, against Mabel Lavery and Arthur Lavery to set aside a change of beneficiary in a policy of insurance. From a decree for complainant, defendant Mabel Lavery appeals. Agnes C. Cole, the ward of complainant, is the widow of Fred B. Cole, deceased, and defendant Mabel Lavery is his only child by a former marriage. These two are the sole heirs at law of the deceased.

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Appeal from Bay; Collins, J. Bill by Martin M. Andrews, guardian of the estate of Agnes C. Cole, against Mabel Lavery and Arthur Lavery to set aside a change of beneficiary in a policy of insurance. From a decree for complainant, defendant Mabel Lavery appeals. Agnes C. Cole, the ward of complainant, is the widow of Fred B. Cole, deceased, and defendant Mabel Lavery is his only child by a former marriage. These two are the sole heirs at law of the deceased. Mr. Cole married his second wife in August, 1905. In 1906 she became affected with some mental disorder. For a short time she was in the…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. The record in this case was made by a copy of the stenographer’s minutes of the testimony taken in open court, including all the colloquies between counsel and the court, and attaching to it the certificate of the judge. Such testimony makes a record of more than 200 pages. The issues in*31volved require an examination of all the testimony. A record thus made up for a chancery appeal to this court is very easy for counsel and the trial court, but it imposes a needless amount of labor upon the appellate court. The statute (3 Comp. Laws, § 10188) provides for settling…

2Cases cited4 opinions

  1. Rivard v. RivardMichigan Supreme Court · 1896
  2. Houghton v. HoughtonIndiana Supreme Court · 1860
  3. Phillips v. PhillipsMichigan Supreme Court · 1890
  4. Manke v. MankeMichigan Supreme Court · 1889

3Cited by5 opinions

  1. In Re Traub EstateMichigan Supreme Court · 1958
  2. Metropolitan Life Ins. Co. v. GrayMichigan Supreme Court · 1939
  3. Bates v. National BankMichigan Supreme Court · 1958
  4. Moore v. BeecherMichigan Supreme Court · 1936
  5. Southwick v. Wayne Circuit JudgeMichigan Supreme Court · 1912

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