Dudley v. Gates
Michigan Supreme Court
Error to Wayne; Hosmer, J. Sarah M. Dudley presented for probate the last will and testament of Helen E. Gibson, deceased. ..The will was disallowed, and proponent appealed to the circuit court. From a judgment for proponent, Jasper C. Gates and Lulu F. Gates, legatees under a former will, bring error.
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Error to Wayne; Hosmer, J. Sarah M. Dudley presented for probate the last will and testament of Helen E. Gibson, deceased. ..The will was disallowed, and proponent appealed to the circuit court. From a judgment for proponent, Jasper C. Gates and Lulu F. Gates, legatees under a former will, bring error. This is a contest over the probate of the will of Helen E. Gibson, deceased, executed July 16, 1898. The contestants are legatees under a prior will executed by the deceased March 1, 1895. The last will revokes all former wills, provides for the defraying of the expenses of the interment of the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Courts of probate have only such jurisdiction as is conferred by statute. Const, art. 6, § 13. They are not empowered to construe wills when presented for probate. The sole question, then, is, Did the testatrix execute the will? Parties in interest may appear and contest it on the ground that it was not properly executed, or was obtained through undue influence, or was forged, or that the testatrix was incompetent. If it is admitted to probate, its construction is a matter for after consideration. If its provisions are of doubtful meaning, either the executor,…
2Cases cited12 opinions
- Kempsey v. McGinnissMichigan Supreme Court · 1870
- Rice v. RiceMichigan Supreme Court · 1883
- In re John's WillOregon Supreme Court · 1896
- Pickens v. DavisMassachusetts Supreme Judicial Court · 1883
- Cheever v. NorthMichigan Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
- Chapin v. ChapinMichigan Supreme Court · 1924
- Graham v. CourtrightSupreme Court of Iowa · 1917
- Dougherty v. HolscheiderCourt of Appeals of Texas · 1905
- Calhoun v. CracknellMichigan Supreme Court · 1918
27 more not listed; retrieve them via the Exa API.