Legal Opinion · Dissent

In Re Powers Estate

Michigan Supreme Court

Decided January 9, 1961No. Docket 35-38, Calendar 48,720-48,723Published

1DissentBlack, J.

I knew of no better way to legalize the Jarndyced mulct of a testator’s fat estate than to lay down an unqualified rule that his collaterally distant heirs, all of whom have been previously and steadily disinherited by a series of produced, proven, and fully residuary testaments, are eligible as contestants of what purports to be his latest will. Such rule, adopted today, aligns Michigan with that strange notion — originating in Kansas —that an unprobated earlier will, however valid and probatable that will may have been had death ensued prior to its legal revocation, is a “mere scrap of…

2Cases cited14 opinions

  1. Beaubien v. CicotteMichigan Supreme Court · 1864
  2. In Re Jennings'estateMichigan Supreme Court · 1952
  3. Loree v. VedderMichigan Supreme Court · 1909
  4. In Re Estate of Matt MillerMichigan Supreme Court · 1936
  5. Wilcoxon v. WilcoxonIllinois Supreme Court · 1896

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