Hansbarger v. Hansbarger
Michigan Supreme Court
Cross-appeals from Ionia; Davis, J. Bill by Harley Hansbarger and others against Ada R. Hansbarger for the construction of a will. Defendant filed a cross-bill asking affirmative relief. From the decree rendered, all parties appeal.
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Cross-appeals from Ionia; Davis, J. Bill by Harley Hansbarger and others against Ada R. Hansbarger for the construction of a will. Defendant filed a cross-bill asking affirmative relief. From the decree rendered, all parties appeal. Jerry Hansbarger died April 6, 1918, owner of real and personal property, which he disposed of by a will, which was later admitted to probate and is here set out: “I, Jerry Hansbarger, of the township of Odessa, county of Ionia, and State of Michigan, being of sound mind and memory, do make, publish and declare this, my last will and testament, hereby revoking all…
1Opinion of the CourtOstrander, J.
(after stating the facts). It is the rule in this State that persons having such an interest *292in an estate as entitles them to contest a will may make agreements to forbear or prevent contests. Bean v. Bean, 144 Mich. 599; Hull v. Hull, 149 Mich. 500; Garvin v. Stone, 152 Mich. 594; Conklin v. Conklin, 165 Mich. 571; Layer v. Layer, 184 Mich. 663; Sellers v. Perry, 191 Mich. 619. We are of opinion that the agreement in this case is, plainly, not to contest the probating of the' will. The agreement was executed when the will was, without contest, admitted to probate. No appeal was taken and the…
2Cases cited8 opinions
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Bean v. BeanMichigan Supreme Court · 1906
- Conklin v. ConklinMichigan Supreme Court · 1911
- Black v. HerringCourt of Appeals of Maryland · 1894
- Hull v. HullMichigan Supreme Court · 1907
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3Cited by12 opinions
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- Irwin's Bank v. Fletcher, Etc., Trust Co., Rec.Indiana Supreme Court · 1924
- Crowell v. GouldCourt of Appeals for the D.C. Circuit · 1938
- Ingalls Iron Works Co. v. IngallsSupreme Court of Alabama · 1951
- Phillips v. O'ConnellAppellate Court of Illinois · 1947
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