In re Bright's Estate
Michigan Supreme Court
Error to Wayne; Hosmer, J. Petition by Cecilia Bowe and others for an appeal from an order of the probate court establishing the last will and testament of Catherine Bright, deceased. An order denying the petition is reviewed by petitioners on writ of error.
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Error to Wayne; Hosmer, J. Petition by Cecilia Bowe and others for an appeal from an order of the probate court establishing the last will and testament of Catherine Bright, deceased. An order denying the petition is reviewed by petitioners on writ of error. The last will and testament of Catherine Bright was offered for probate August 24,1907, and regularly proved and allowed September 25, 1907. April 2,1908,11 of the heirs at law of the deceased filed in the circuit court their petition for leave to appeal from the decree establishing said will. After notice to interested parties and after…
1Opinion of the CourtOstrander, J.
(after stating the facts). It affirmatively appears that the circuit court considered the affidavits of petitioners filed after May 4th. It is presumed, the bill of exceptions having been signed October 2, 1908, that those filed later by the respondents were considered. There is no occasion to discuss the question of the regularity of the practice pursued because we are of opinion that whether the affidavits are or are not considered no reversible error is made out.
The showing made in the first instance by petitioners appears in the petition and in the oral testimony of Margaret Hoffman, one…
2Cases cited2 opinions
- Small v. OldsMichigan Supreme Court · 1908
- Hopper v. Livingston Circuit JudgeMichigan Supreme Court · 1905
3Cited by1 opinion
- Hawgood v. Howard's EstateMichigan Supreme Court · 1932