Scripps v. Wayne Probate Judge
Michigan Supreme Court
Certiorari to Wayne; Hosmer, J. Mandamus by James E. Scripps to compel Edgar O. Durfee, judge of probate of Wayne county, to proceed with the hearing on certain petitions. From an order-denying the writ, relator brings certiorari. George H. Scripps died April 13, 1900, in California, then his temporary place of residence. His legal domicile-was formerly in Detroit, Mich.
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Certiorari to Wayne; Hosmer, J. Mandamus by James E. Scripps to compel Edgar O. Durfee, judge of probate of Wayne county, to proceed with the hearing on certain petitions. From an order-denying the writ, relator brings certiorari. George H. Scripps died April 13, 1900, in California, then his temporary place of residence. His legal domicile-was formerly in Detroit, Mich. He left a will, with two codicils attached; the will being executed in 1894 at Detroit, then his legal domicile. It is claimed by his executors that he had lived in Cleveland for some time prior to-his death. The will was…
1Opinion of the CourtGrant, J.
(after stating the facts). It is, of course,
the duty of those having a last will and testament in charge to promptly present it for probate upon the death of the testator. If they for any reason refuse or fail to do this, it is then the duty of those who are interested in having the will probated to take the proper steps for that purpose. The authorities, so far as we have been able to examine them, ^ without exception, hold that the probate court of the domicile of the testator has exclusive jurisdiction to determine .the validity of the will. If such will had been admitted to probate by a…
2Cases cited8 opinions
- Overby v. GordonSupreme Court of the United States · 1900
- People v. DawellMichigan Supreme Court · 1872
- Broughton v. BradleySupreme Court of Alabama · 1859
- Manuel v. ManuelOhio Supreme Court · 1862
- Sturdivant v. NeillMississippi Supreme Court · 1854
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3Cited by21 opinions
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- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
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- Murphy v. MurphySupreme Court of Florida · 1936
- Meade v. Dane CountyWisconsin Supreme Court · 1914
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