Lawyer v. Smith
Michigan Supreme Court
Error to Washtenaw Circuit. On November lfth, 1856, the defendant in error presented to the Probate Court of Washtenaw county, impróbate 0and allowance, an instrument purporting to be the last will and testament of Gertrude or Gitty Fletcher, the wife of William A. Fletcher, bearing date June 11th, 1824, and made under an ante-nuptial agreement with her husband, of the date of November 28th, 1820. By this will, the testatrix bequeathed her personal estate to Peter Mann,…
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Error to Washtenaw Circuit. On November lfth, 1856, the defendant in error presented to the Probate Court of Washtenaw county, impróbate 0and allowance, an instrument purporting to be the last will and testament of Gertrude or Gitty Fletcher, the wife of William A. Fletcher, bearing date June 11th, 1824, and made under an ante-nuptial agreement with her husband, of the date of November 28th, 1820. By this will, the testatrix bequeathed her personal estate to Peter Mann, Jacob Williams, and Isaac Hall Tiffany, upon trust within one year after her decease, provided her son John Tiffany should…
1Opinion of the Court
Manning J.:
The will was made and executed in the state of New York; hut it is of no importance whether it was executed there or in Michigan, or whether the testatrix at the time was a resident of New York or Michigan, as the law of each state was complied with in its execution. Nor was there any error in admitting the depositions of Nolton, Hempstead, and Starrin, the witnesses to the will, to go to the jury as evidence of its execution and publication by the testatrix. It could not be expected, after the lapse of thirty years, they should recollect all the particulars attending- the…
2Cases cited1 opinion
- Betts v. Jackson ex dem. BrownCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by25 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Williams v. MilesNebraska Supreme Court · 1903
- Sheehan v. KearneyMississippi Supreme Court · 1903
- Gillis v. GillisSupreme Court of Georgia · 1895
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