Beaubien v. Cicotte
Michigan Supreme Court
Case reserved from the Wayne Circuit. Joseph A. Moross and others, claiming under an instrument purporting to be tbe last will and testament of Antoine Beaubien, presented tbe same to the Probate Court for 'the county of Wayne, for probate and allowance, but on bearing, the same was disallowed.
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Case reserved from the Wayne Circuit. Joseph A. Moross and others, claiming under an instrument purporting to be tbe last will and testament of Antoine Beaubien, presented tbe same to the Probate Court for 'the county of Wayne, for probate and allowance, but on bearing, the same was disallowed. From the order of disallowance they appealed to the Circuit Court, and an issue being there directed to be made up, projDounded in writing the averment that the instrument presented “ was signed by the said Antoine Beaubien, on the day when it bears date, to wit, the 12th day of January, in the year…
1Opinion of the Court
Christiancy J.:
The only question properly reserved for our opinion, in this case, is that raised by the demurrer.
*11The averments on the part of the propounders of the will, for the purpose of forming an issue upon its validity, should, we think, include every thing necessary to constitute it a valid will under the statute, so that a verdict finding the truth of all those averments, without more, would bring the instrument within all the express requirements of the statute.
The law in case of intestacy, that is, in the absence of a will which is valid under the statute, fixes the descent and…
2Cited by11 opinions
- Prentis v. BatesMichigan Supreme Court · 1892
- Chrisman v. CherismanOregon Supreme Court · 1888
- Aikin v. WeckerlyMichigan Supreme Court · 1870
- Soule v. HenryMichigan Supreme Court · 1917
- Taff v. HosmerMichigan Supreme Court · 1866
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