Legal Opinion

McFarlane v. Clark

Michigan Supreme Court

Decided June 11, 1878PublishedCited by 4 opinions

Error to Wayne. Ejectment by Eliza McEarlane for premises to which s’he claimed title, but which had been bequeathed to Clark by George Hebden. The court below found against the plaintiff, and she brings error relying upon alleged .jurisdictional defects in probating the will.

1Opinion of the CourtCooley, J.

But one question is presented by this record, and that is, whether the probate and allowance of the will of George Hebden by the probate court of Wayne county, was valid.

By the will of Mr. Hebden the judge of probate of Wayne county was made a legatee. The will was presented in said probate court for allowance April 7, 1871,. and the judge of probate made an order that May 2,. 1871, be assigned for a hearing thereon, and that notice thereof be given by publication in one of the Detroit daily papers — which was named — for three successive weeks previous to said day of hearing. On the day last…

2Cases cited2 opinions

  1. Heydenfeldt v. TownsSupreme Court of Alabama · 1855
  2. Buckingham v. DavisCourt of Appeals of Maryland · 1856

3Cited by4 opinions

  1. In re the Estate of LeonardMichigan Supreme Court · 1893
  2. Judd v. TryonMassachusetts Supreme Judicial Court · 1881
  3. La Fromboise v. PorterMichigan Supreme Court · 1933
  4. R. L. Aylward Coal Co. v. LuyckxMichigan Supreme Court · 1933

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