Carney v. Carney
Michigan Supreme Court
Case-made from Van Buren; Des Voignes, J. Katherine Carney presented for probate the last will of Byron S. Carney, deceased. The will was allowed in the probate court, and Claude S; Carney appealed to the circuit court. Judgment for contestant for lack of jurisdiction. Proponent appeals.
1Opinion of the CourtMoore, J.
Byron S. Carney died in Van Burén county, Mich., July 18, 1915. He left a last will dated the 24th day of June, 1915. In it is the statement: “I, Byron S. Carney, of the city of Kalamazoo, county of Kalamazoo and State of Michigan,” etc. In article 8 of the will it reads:
“I do nominate and appoint the probate court of Kalamazoo county to select and appoint an executor for this my last will and testament,” etc.
This will was witnessed by Minnie Ryan and Leona Green, both of Kalamazoo county.
*665On the 11th day of August, 1915, Roy W. Carhey filed a petition in the probate court for Kalamazoo county…
2Cases cited8 opinions
- Maclean v. SpeedMichigan Supreme Court · 1883
- Axtell v. GibbsMichigan Supreme Court · 1884
- E. T. Barnum Wire & Iron Works v. SpeedMichigan Supreme Court · 1886
- Davison v. DavisonMissouri Court of Appeals · 1903
- Rowden v. BrownSupreme Court of Missouri · 1886
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3Cited by2 opinions
- Paperno v. Michigan Railway Engineering Co.Michigan Supreme Court · 1918
- Morgan v. HoeyMichigan Supreme Court · 1920