Conely v. McDonald
Michigan Supreme Court
Error to Wayne. Appeal from an order of the Probate Court admitting to probate an instrument purporting to be the last will of Eirth A. McDonald. The plaintiff in error was named as executor in this instrument, and was designated by the probate court as the representative on the appeal, of all the parties interested.
Read the full summary
Error to Wayne. Appeal from an order of the Probate Court admitting to probate an instrument purporting to be the last will of Eirth A. McDonald. The plaintiff in error was named as executor in this instrument, and was designated by the probate court as the representative on the appeal, of all the parties interested. The Circuit Court directed ■the framing of an issue, and the plaintiff in error appeared as proponent of" the instrument, and alleged that it was the last will and testament of Eirth A. McDonald, and that at the time of its execution he possessed the necessary lawful…
1Opinion of the CourtMarston, J.
Under the issue as framed in this case, evidence tending to show undue influence was competent and admissible in evidence. The court in charging the jury; being of opinion that upon this branch the testimony did not tend to show undue influence, withdrew that question from their consideration.
The answer of the witness Frances A. Estabrook to the twenty-seventh interrogatory* was properly excluded. The interrogatory as framed permitted her to base her' opinion in part upon what she had heard within a given time. This it is claimed from the form of the question could only mean and be understood…
2Cases cited12 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Schuchardt v. AllensSupreme Court of the United States · 1864
- Insurance Co. v. RodelSupreme Court of the United States · 1877
- Elliott v. Van BurenMichigan Supreme Court · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Mynning v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1887
- Domico v. CasassaCalifornia Supreme Court · 1894
- Wallace v. SissonCalifornia Supreme Court · 1896
- Cunningham v. Union Pacific Railway Co.Utah Supreme Court · 1885
- Maxwell v. Bay City Bridge Co.Michigan Supreme Court · 1881
20 more not listed; retrieve them via the Exa API.