Taff v. Hosmer
Michigan Supreme Court
Error to Wayne Circuit. This was an appeal from the decree of the Probate Court of Wayne County, admitting to probate the last will and testament of Cyrus W. Jackson, deceased. In accordance with an order of the Circuit Court, the proponents filed a declaration, in which they averred the execution of the will, and that the testator was of sound mind.
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Error to Wayne Circuit. This was an appeal from the decree of the Probate Court of Wayne County, admitting to probate the last will and testament of Cyrus W. Jackson, deceased. In accordance with an order of the Circuit Court, the proponents filed a declaration, in which they averred the execution of the will, and that the testator was of sound mind. To this declaration the contestant pleaded the statutory general issue, and also special pleas, denying the soundness of mind of the testator. ITnder the charge of the Court the jury rendered a verdict sustaining the validity of the will; and the…
1Opinion of the Court
Cooley J.
Several questions of practice arise in this case in regard to the order of proceeding in the Circuit Court on the trial of appeals in testamentary cases. Hosmer and Bissell were proponents, in the Probate Court, of the will of Cyrus W. Jackson, for Probate; and it appears by the record that the will was allowed by that Court, and that Taff, who was sole contestant, appealed.
The pleadings on the part of the proponents in the Circuit Court, were in conformity to the ruling of this Court in Beatir bien v. Gicotte, 8 Mich. 9, which required an allegation that at the time of the execution…
2Cases cited2 opinions
- Beaubien v. CicotteMichigan Supreme Court · 1860
- Young v. StephensMichigan Supreme Court · 1862
3Cited by18 opinions
- Kempsey v. McGinnissMichigan Supreme Court · 1870
- McMechen v. McMechenWest Virginia Supreme Court · 1881
- Barber's Appeal From ProbateSupreme Court of Connecticut · 1893
- Steinkuehler v. WempnerIndiana Supreme Court · 1907
- Seebrock v. FedawaNebraska Supreme Court · 1890
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