Schofield v. Walker
Michigan Supreme Court
Error to Kent. (Montgomery, J.) Appeal from probate. Contestant brings error. cited Bachelder v. Brown 47 Mich. 366; Hatch v. Peugnet 64 Barb. 190 ; where a person makes a will in favor of his priest or religious adviser to the exclusion of the natural objects of his bounty the law presumes undue influence, and to sustain-the will there should be some proof beside the making of it Marx v. MoGlynn 88 N. T. 357; courts sit to enforce what has not inaptly been called a…
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Error to Kent. (Montgomery, J.) Appeal from probate. Contestant brings error. cited Bachelder v. Brown 47 Mich. 366; Hatch v. Peugnet 64 Barb. 190 ; where a person makes a will in favor of his priest or religious adviser to the exclusion of the natural objects of his bounty the law presumes undue influence, and to sustain-the will there should be some proof beside the making of it Marx v. MoGlynn 88 N. T. 357; courts sit to enforce what has not inaptly been called a tecbnical morality. If confidence is reposed it must be faithfully acted upon, and preserved from any intermixture of…
1Opinion of the CourtChamplin, J.
In this cause the paper writing alleged to be the last will and testament of Eliza H. Disbrow was propounded for probate in the probate court for the county of Kent, by the said Levi M. Schofield, proponent, in and by a petition filed in said court, upon the 15th day of July, 18S4-, which petition was in the usual form. The said contestant appeared, and filed her answer to said petition, thereby objecting, as one of the heirs-at-law and next of kin of said deceased, to the allowance and probate of said paper writing as the last will and testament of said Eliza II. Disbrow, deceased, for the…
2Cases cited2 opinions
- Lawyer v. SmithMichigan Supreme Court · 1860
- Freeman v. . SpaldingNew York Court of Appeals · 1855
3Cited by19 opinions
- Hogan v. LeeperSupreme Court of Oklahoma · 1913
- Lautenshlager v. LautenshlagerMichigan Supreme Court · 1890
- Brugman v. BrugmanNebraska Supreme Court · 1913
- Rowe v. FreemanOregon Supreme Court · 1918
- Folsom v. ButtolphIndiana Court of Appeals · 1924
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