Legal Opinion

Warner v. Kerr

Michigan Supreme Court

Decided October 7, 1921No. Docket No. 39PublishedCited by 7 opinions

Appeal from Calhoun; North (Walter H.), J. Bill by Mary Warner against John Henry Kerr and another to set aside a deed on the ground of undue influence and mental incompetency. From a decree dismissing the bill, plaintiff appeals.

1Opinion of the Court

Bird, J.’

This is a contest between brother and sister over the estate left by their father. John Kerr, the father, was the owner of a farm of 140 acres in the vicinity of Battle Creek for many years. He was a successful farmer and at the time of his decease, in May, 1918, his farm was worth about $16,000, and his other property was worth upwards of $10,000. He had two children, Mary, the plaintiff, and John Henry Kerr, one of the defendants.

In May, 1915, the father made a will giving John Henry Kerr a life estate in the farm with the remainder to his children. To Mary he gave a life use of…

2Cases cited3 opinions

  1. Loree v. VedderMichigan Supreme Court · 1909
  2. Blackman v. AndrewsMichigan Supreme Court · 1907
  3. Severance v. SeveranceMichigan Supreme Court · 1892

3Cited by7 opinions

  1. Paley v. Superior CourtCalifornia Court of Appeal · 1955
  2. Eicholtz v. GrunewaldMichigan Supreme Court · 1946
  3. Olsson v. PiersonSupreme Court of Iowa · 1946
  4. Bergsvik v. BergsvikOregon Supreme Court · 1955
  5. Gould, Larson, Bennet, Wells & McDonnell, P.C. v. PanicoSupreme Court of Connecticut · 2005

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