Allison v. Smith
Michigan Supreme Court
Error to St. Joseph Circuit. William Allison and Caleb lyes presented to the Probate Court for the County of St. Joseph an instrument dated June 25, 1864, purporting to be the last will and testament of Perrin M. Smith, deceased, and subscribed in presence of two witnesses; also a codicil thereto attached, bearing date February 3, 1866, subscribed in presence of three witnesses.
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Error to St. Joseph Circuit. William Allison and Caleb lyes presented to the Probate Court for the County of St. Joseph an instrument dated June 25, 1864, purporting to be the last will and testament of Perrin M. Smith, deceased, and subscribed in presence of two witnesses; also a codicil thereto attached, bearing date February 3, 1866, subscribed in presence of three witnesses. After providing for various bequests, all the residue of the estate was given to the trustees of Kalamazoo College, to be held for educational purposes. This provision was contained in both instruments. The…
1Opinion of the Court
Graves J.
Although the fact is not stated on the record, it is to be inferred that soon after the death of Judge Smith proceedings in the usual form were had in the Probate Court for the proof and allowance of the will and for letters testamentary thereon, and that a decision was made in the premises in that court. The record denotes that the defendants in error appealed from that decision to the Circuit *414Court, and that therein, and by direction thereof, the formal allegations and answer now before us were made. The case was tried before a jury, who returned a verdict sustaining the will,'…
2Cases cited15 opinions
- Ennis v. SmithSupreme Court of the United States · 1853
- People ex. rel. Hughes v. MayMichigan Supreme Court · 1855
- Bogardus & Clark v. ClarkNew York Court of Chancery · 1834
- Camp v. CampSupreme Court of Connecticut · 1824
- Holbrook v. CookMichigan Supreme Court · 1858
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sam v. BalardoMichigan Supreme Court · 1981
- In Re Estate of MeredithMichigan Supreme Court · 1936
- Will on DardisWisconsin Supreme Court · 1908
- Stevens v. HopeMichigan Supreme Court · 1883
- Barney v. BarneyMichigan Supreme Court · 1915
14 more not listed; retrieve them via the Exa API.