City of Marquette v. Wilkinson
Michigan Supreme Court
Appeal from Marquette; Stone, J. Petition by the city of Marquette against Edwin C. Wilkinson and Albert E. Miller, assignees of James M. Wilkinson, deceased, the First National Bank of Marquette, and the Marquette County Savings Bank, to reach funds deposited by decedent in defendant banks, as being trust funds, to which petitioner is entitled as against decedent's general creditors. From a decree for petitioner, defendant assignees appeal.
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Appeal from Marquette; Stone, J. Petition by the city of Marquette against Edwin C. Wilkinson and Albert E. Miller, assignees of James M. Wilkinson, deceased, the First National Bank of Marquette, and the Marquette County Savings Bank, to reach funds deposited by decedent in defendant banks, as being trust funds, to which petitioner is entitled as against decedent's general creditors. From a decree for petitioner, defendant assignees appeal. James M. Wilkinson, deceased, was a private banker ' in the city of Marquette. Shortly before his death, and on January 22, 1898, he made a general…
1Opinion of the CourtGrant, C. J.
(after stating the facts). Two questions are presented:
1. Five witnesses testified to the arrangement between Mr. Wilkinson and the banks for the deposit of these funds. Three are the bondsmen. It is insisted that their *418testimony is incompetent under 3 How. Stat. § 7545, upon the theory that they are the real parties in interest, and are, therefore, excluded from testifying to matters equally within the knowledge of the deceased. Who are the real parties to this controversy, so as to make them “opposite parties,” within the meaning of the statute? The estate of Mr. Wilkinson is not…
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