Kempsey v. McGinniss
Michigan Supreme Court
Error to Kalamazoo Circuit. This case was brought into the Circuit Court for the County of Kalamazoo, by the appeal of Mary Kempsey •from the judgment of the Probate Court of that county, allowing the will of Thomas Patterson. The issue formed in the Circuit Court was tried by a jury, who rendered a verdict for the proponents.
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Error to Kalamazoo Circuit. This case was brought into the Circuit Court for the County of Kalamazoo, by the appeal of Mary Kempsey •from the judgment of the Probate Court of that county, allowing the will of Thomas Patterson. The issue formed in the Circuit Court was tried by a jury, who rendered a verdict for the proponents. The questions for review in this Court arise upon the rulings of the Circuit Judge on the admission and rejection of evidence as to the testamentary capacity of the testator. Dr. William Mottram was called by the appellant and contestant, and after testifying to facts…
1Opinion of the CourtChristiancy, J.
The question in this case was upon the validity of a paper claimed by the appellees — the proponents — as the last will and testament of Thomas Patterson, deceased.
The main ground upon which its validity was assailed was, that at the time it was drawn and executed, the testator was not of sound and disposing mind and memory; but that his mental faculties were so far enfeebled and overcome by disease as to render him incapable of properly understanding his relations to others, their relative claims upon his bounty, the particulars of his property, and the nature of the dispositions made by the…
2Cases cited5 opinions
- Delafield v. . ParishNew York Court of Appeals · 1862
- Beaubien v. CicotteMichigan Supreme Court · 1864
- White v. BaileyMichigan Supreme Court · 1862
- Aikin v. WeckerlyMichigan Supreme Court · 1870
- Taff v. HosmerMichigan Supreme Court · 1866
3Cited by73 opinions
- Brown v. MitchellTexas Supreme Court · 1895
- People v. ColeMichigan Supreme Court · 1969
- Slaughter v. HeathSupreme Court of Georgia · 1907
- McCulloch v. CampbellSupreme Court of Arkansas · 1887
- People v. DrossartMichigan Court of Appeals · 1980
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