Bland v. Bland
Michigan Supreme Court
Appeal from Wayne; Hart (Burton L.), J., presiding. Bill by Gladys Bland, individually and as special administratrix of the estate of Edward G. Bland, deceased, against Joseph Bland, Louise Bland and the Mutual Benefit Life Insurance Company to enforce an antenuptial agreement respecting certain policies of insurance. From a decree dismissing the bill, plaintiff appeals. Plaintiff is the widow of Edward G. Bland, deceased. The individual defendants are his parents.
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Appeal from Wayne; Hart (Burton L.), J., presiding. Bill by Gladys Bland, individually and as special administratrix of the estate of Edward G. Bland, deceased, against Joseph Bland, Louise Bland and the Mutual Benefit Life Insurance Company to enforce an antenuptial agreement respecting certain policies of insurance. From a decree dismissing the bill, plaintiff appeals. Plaintiff is the widow of Edward G. Bland, deceased. The individual defendants are his parents. The corporation defendant is a life insurance company authorized to do business in this State. Plaintiff and Edward G. Bland were…
1Opinion of the CourtFellows, J.
(after stating the facts). We agree •with the learned trial judge that the testimony of the plaintiff as to facts, equally within the knowledge of the deceased is incompetent under the statute. Wallace v. Mystic Circle, 127 Mich. 387; Great Camp K. O. T. M. v. Savage, 135 Mich. 459; Franken v. Supreme Court I. O. F., 152 Mich. 502; Peirson v. McNeal, 137 Mich. 158. But disregarding her testimony which falls within the inhibition of the statute, we are satisfied from the other testimony in the case that such antenuptial agreement was. in fact made. Mr. Carpenter, the uncle of plaintiff and…
2Cases cited18 opinions
- Carmichael v. CarmichaelMichigan Supreme Court · 1888
- Supreme Lodge, Knights of Honor v. NairnMichigan Supreme Court · 1886
- Grand Lodge of Ancient Order of United Workmen v. ChildMichigan Supreme Court · 1888
- Ancient Order of Gleaners v. BuryMichigan Supreme Court · 1911
- Dakin v. DakinMichigan Supreme Court · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Margery Fisher Candler and William Wallace Candler v. Louise C. Donaldson and the Mutual Benefit Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1959
- New York Life Insurance Co. v. CookMichigan Supreme Court · 1927
- MacDonald v. Conservative Life Ins.Michigan Supreme Court · 1940
- Detroit Life Insurance v. LinsenmierMichigan Supreme Court · 1928
- Lugauer v. HustedMichigan Supreme Court · 1924
3 more not listed; retrieve them via the Exa API.