Legal Opinion

White v. Bailey

Michigan Supreme Court

Decided May 6, 1862PublishedCited by 41 opinions

Error to Kent Circuit. Alexander C. Bailey presented to the Probate Court for Kent county, for probate and allowance, an instrument purporting to be the last will and testament of LutherMudge. On the hearing in that Court, Temperance White and Mary Blood, daughters of said Mudge, appeared and' opposed, and the. will was disallowed. Bailey appealed to the Circuit Court, where an issue was directed by the Court to be made up and submitted to a jury.

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Error to Kent Circuit. Alexander C. Bailey presented to the Probate Court for Kent county, for probate and allowance, an instrument purporting to be the last will and testament of LutherMudge. On the hearing in that Court, Temperance White and Mary Blood, daughters of said Mudge, appeared and' opposed, and the. will was disallowed. Bailey appealed to the Circuit Court, where an issue was directed by the Court to be made up and submitted to a jury. The issue and the case will be found stated in the opinion of Justice Manning. On the trial, considerable evidence was given on behalf of Bailey,…

1Opinion of the Court

Manning J.:

The relevancy of evidence depends on the issue to be-tried. Some cases admit of a much wider range than, others. Where the motive of a person for doing an act out of the ordinary course of events is a legitimate subject of inquiry, under the issue, all the surrounding circumstances and influences that might have contributed to or caused such motive may be inquired into.

The plaintiffs in error, Mrs. White and Mrs. Blood, are children of Mudge, the testator. His only children, it is to be presumed, as no mention is made of any others. *157'Bailey, the defendant in error, and to whom…

2Cases cited2 opinions

  1. Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Brooks v. DelrympleMichigan Supreme Court · 1848

3Cited by41 opinions

  1. People v. HackettMichigan Supreme Court · 1985
  2. Brown v. MitchellTexas Supreme Court · 1895
  3. People v. ColeMichigan Supreme Court · 1969
  4. State v. PikeSupreme Court of New Hampshire · 1870
  5. Beaubien v. CicotteMichigan Supreme Court · 1864

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