Legal Opinion

Sword v. Keith

Michigan Supreme Court

Decided January 29, 1875PublishedCited by 23 opinions

Error to Lenawee Circuit. * Keith, the defendant in error, presented his claim of one thousand, dollars against the estate of deceased, before the commissioners appointed by the probate court to take proof of claims against the estate; and the commissioners having disallowed the claim, he appealed to the circuit court, where an issue was formed under the direction of the court, and the case was tried before a jury, who found a verdict in favor of Keith for the amount of his…

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Error to Lenawee Circuit. * Keith, the defendant in error, presented his claim of one thousand, dollars against the estate of deceased, before the commissioners appointed by the probate court to take proof of claims against the estate; and the commissioners having disallowed the claim, he appealed to the circuit court, where an issue was formed under the direction of the court, and the case was tried before a jury, who found a verdict in favor of Keith for the amount of his claim, upon which judgment was rendered; and the case is brought to this court by writ of error and bill of exceptions.…

1Opinion of the CourtChristiancy, J.

It will be necessary to notice separately many of the exceptions and assignments of error in this case, in detail.

The court, at the request of counsel for the claimant, charged the jury:

“1. If the jury find that the plaintiff rendered valuable services for the deceased, either before or after he was of age, under an understanding between them that he was to be compensated therefor'in some way by a provision in the will of deceased, or otherwise, even if the understanding as to the mode of compensation at the time the services were rendered was not definite, if afterwards this written…

2Cited by23 opinions

  1. Becker v. ChesterWisconsin Supreme Court · 1902
  2. In re Williams' EstateMichigan Supreme Court · 1895
  3. Gapske v. HatchMichigan Supreme Court · 1957
  4. People v. RichMichigan Supreme Court · 1927
  5. Schattilly v. YonkerMichigan Supreme Court · 1957

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