In Re Powers Estate
Michigan Supreme Court
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
- Beaubien v. CicotteMichigan Supreme Court · 1864
- In Re Jennings'estateMichigan Supreme Court · 1952
- Loree v. VedderMichigan Supreme Court · 1909
- In Re Estate of Matt MillerMichigan Supreme Court · 1936
- Wilcoxon v. WilcoxonIllinois Supreme Court · 1896
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