Destrampe v. Mitchell

This is an appeal by plaintiff from a directed verdict in a will contest entered by a Wayne County circuit judge after the jury had deadlocked. The facts of this case are amply set forth in In re Brink Estate (1968), 11 Mich App 413.1

The issues on appeal can be summarized as follows :

I. Whether the trial court erred by granting the directed verdict?

*53II. Whether the trial court’s instructions to the jury were erroneous because:(a) They were confusing;(b) Proper instructions were not given with regard to the fiduciary duty that arose between the testatrix, her attorney, and her guardian;(c) The…