Hockenberry v. Donovan
Michigan Supreme Court
Appeal from Eaton; Smith, J. Bill by Emma C. Hockenberry against Robert Donovan, administrator of the estate of Clinton Hockenberry, deceased, and others, for the cancellation of an antenuptial contract of settlement, for alleged fraud. From a decree for defendants, complainant appeals.
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Appeal from Eaton; Smith, J. Bill by Emma C. Hockenberry against Robert Donovan, administrator of the estate of Clinton Hockenberry, deceased, and others, for the cancellation of an antenuptial contract of settlement, for alleged fraud. From a decree for defendants, complainant appeals. The complainant in this case is the widow of Clinton Hockenberry, and the defendants, other than Robert Donovan, who is the administrator of his estate, are a daughter by a former wife and four grandchildren, children of a deceased son of his first wife. Three of the grandchildren, William J., Agnes, and Ruth,…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is the claim of complainant that she was induced to execute the first contract (drawn by L. H. McCall) by fraud, and that at the time she executed it she was so agitated and confused that she did not understand or appreciate its legal import. As to what occurred at and immediately before the time of its execution, we have the evidence of her sister, upon the one hand, and, upon the other, the evidence of Mr. *376McCall, who drew the paper, and Mr. G. M. Rowley, a justice of the peace and business man of Charlotte. The interest and bias of Mrs. Fowler is obvious. The…
2Cases cited6 opinions
- Naill v. MaurerCourt of Appeals of Maryland · 1866
- Dunlop v. LambIllinois Supreme Court · 1899
- Yarde v. YardeIllinois Supreme Court · 1900
- Logan v. PhillipsSupreme Court of Missouri · 1853
- Barth v. LinesIllinois Supreme Court · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Detroit Trust Co. v. BakerMichigan Supreme Court · 1925
- In Re Benker EstateMichigan Supreme Court · 1982
- Richard v. Detroit Trust Co.Michigan Supreme Court · 1934
- Snow v. SnowCourt of Appeals for the D.C. Circuit · 1921
- Estate of Garcia v. GarciaDistrict Court of Appeal of Florida · 1981
4 more not listed; retrieve them via the Exa API.