Legal Opinion

Filler v. Gilmartin's Estate

Michigan Supreme Court

Decided December 4, 1928No. Docket No. 60, Calendar No. 33,184Published

1Opinion of the CourtClark, J.

The will of Sophie G-ilmartin, offered for probate in Wayne county, was contested on usual grounds which were finally narrowed to one, that testatrix was not an inhabitant or resident of the county at the time of her death (3'Comp. Laws 1915, § 13764), on which question both sides moved for directed verdict. Proponent’s motion was granted. Contestant brings error.

A familiar rule is that if the court’s decision, both parties having requested directed verdict, is right in law and supported by substantial evidence, the judgment must be affirmed. Hannan Real Estate Exchange v. Davis, 238 Mich.…

2Cases cited5 opinions

  1. Gluc v. KleinMichigan Supreme Court · 1924
  2. Beecher v. Common CouncilMichigan Supreme Court · 1897
  3. HighMichigan Supreme Court · 1847
  4. Hannan Real Estate Exchange v. DavisMichigan Supreme Court · 1927
  5. Spaulding v. SteelMichigan Supreme Court · 1902

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