Sprague v. Moore
Michigan Supreme Court
Error to "Wayne; Waite, J. Irene Sprague Moore presented for probate the last will and testament of Adeline L. Sprague, deceased. Probate was denied, and proponent appealed to the circuit court. From a judgment for contestants (Thomas S. Sprague and Rollin C. Sprague), proponent brings error. Certiorari to Wayne; Waite, J. Thomas S. Sprague petitioned to be appointed administrator of the estate of Amelia L. Sprague, deceased.
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Error to "Wayne; Waite, J. Irene Sprague Moore presented for probate the last will and testament of Adeline L. Sprague, deceased. Probate was denied, and proponent appealed to the circuit court. From a judgment for contestants (Thomas S. Sprague and Rollin C. Sprague), proponent brings error. Certiorari to Wayne; Waite, J. Thomas S. Sprague petitioned to be appointed administrator of the estate of Amelia L. Sprague, deceased. The petition was granted in the probate court, and Irene Sprague Moore appealed to the circuit court. From a judgment for petitioner, contestant brings certiorari.…
1Opinion of the Court
Grant, J,
(after stating the facts). 1. The sole question in suit No. 1 is, Did the trust deed and the declaration of trust revoke the will ? The statute of this State governing the revocation of wills is quoted in full in Lansing v. Haynes, 95 Mich. 18 (54 N. W. 699, 35 Am. St. Rep. 545). We there stated and applied the doctrine of implied revocation. The conveyance of real estate and the transfer by sale or gift of personal property revoke wills devising the same property. The conveyance of all the property devised revokes the will in toto, and conveyance of part of the property revokes the…
2Cases cited12 opinions
- Lansing v. HaynesMichigan Supreme Court · 1893
- Wilkinson v. ConatyMichigan Supreme Court · 1887
- Garrison v. . CoxSupreme Court of North Carolina · 1886
- Johnson v. JohnsonSupreme Court of Rhode Island · 1885
- Myers v. CannSupreme Court of Georgia · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In re Berner's EstateMichigan Supreme Court · 1922
- Stender v. StenderMichigan Supreme Court · 1914
- Melzner v. TrucanoMontana Supreme Court · 1915
- In re Slater's EstateUtah Supreme Court · 1919
- Eisenschenk v. FowlerSupreme Court of Florida · 1955
11 more not listed; retrieve them via the Exa API.