In re Fitzgibbons' Estate
Michigan Supreme Court
Error to Ionia; Davis, J. Sarah Jane Fitzgibbons petitioned for her appointment as administratrix of the estate of William Fitzgibbons, deceased, claiming to be his widow, and was appointed by an order of the probate court. Later, William Fitzgibbons, Jr., filed a petition asking for her removal and denying the validity of the marriage. Said later petition was granted, the administratrix was removed and the heirs determined, and she appealed to the circuit court.
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Error to Ionia; Davis, J. Sarah Jane Fitzgibbons petitioned for her appointment as administratrix of the estate of William Fitzgibbons, deceased, claiming to be his widow, and was appointed by an order of the probate court. Later, William Fitzgibbons, Jr., filed a petition asking for her removal and denying the validity of the marriage. Said later petition was granted, the administratrix was removed and the heirs determined, and she appealed to the circuit court. A judgment sustaining the validity of the marriage is reviewed by William Fitzgibbons, Jr., and other heirs on writ of error.
1Opinion of the CourtBrooke, J.
The writ of error in this case is prosecuted by certain heirs of William Fitzgibbons, deceased, for the purpose of reviewing a judgment of the circuit court, by which it was determined that Sarah Jane Fitzgibbons is *417the lawful widow of deceased, and, as such, entitled to participate in his estate.
Certain facts appear in the record, about which there is no dispute. William Fitzgibbons, deceased, was married to Armenia Allen, at New Haven, Oswego county, New York, in the year 1868. After the marriage, he and his wife lived at North Yolney, New York, until 1876, during which time, two children,…
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