Legal Opinion · Dissent

In Re Bliss' Estate

Michigan Supreme Court

Decided June 3, 1929No. Docket No. 58, Calendar No. 34,216Published

1Dissent

In my opinion, this case ought not to be reversed on account of the trial court's charge, which was warranted, not only by the decisions of this court, but by the great weight of authority in this country and England. McGinnis v. Kempsey,27 Mich. 363; Rivard v. Rivard, 109 Mich. 98 (63 Am. St. Rep. 566); Henrich v. Saier, 124 Mich. 86;Spencer v. Terry's Estate, 133 Mich. 39; In re Morse's Estate,146 Mich. 463. Wigmore on Evidence, Par. 229, and cases cited.

Whether one is mentally competent to execute a will at a particular time is a question of fact. Such fact is determined by the exercise of…

2Cases cited5 opinions

  1. Rivard v. RivardMichigan Supreme Court · 1896
  2. McGinnis v. KempseyMichigan Supreme Court · 1873
  3. Spencer v. Terry's EstateMichigan Supreme Court · 1903
  4. Sibley v. MorseMichigan Supreme Court · 1906
  5. Henrich v. SaierMichigan Supreme Court · 1900

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