In re Bresler's Estate
Michigan Supreme Court
Error to Wayne; Murphy, J. Rose Bresler Eaeder petitioned the probate court for an order of distribution of a legacy under the last will and testament of Charles E. Bresler, deceased. There was an order granting the petition, and Amanda Bresler Smith and others appealed to the circuit court. ' There was judgment for petitioner for less than the amount claimed, and she brings error.
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Error to Wayne; Murphy, J. Rose Bresler Eaeder petitioned the probate court for an order of distribution of a legacy under the last will and testament of Charles E. Bresler, deceased. There was an order granting the petition, and Amanda Bresler Smith and others appealed to the circuit court. ' There was judgment for petitioner for less than the amount claimed, and she brings error. Charles E. Bresler died testate December 12,1898, leaving surviving him a widow and seven children, including the appellant, Rose Bresler Faeder. His will was executed March 9, 1891. The will was admitted to…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. It is no longer necessary in this State to introduce testimony of witnesses not parties to the suit that they have settled by the books, and have found them correct. Seventh-Day Adventist Publishing Ass’n v. Fisher, 95 Mich. 274. To this extent that case overruled Jackson v. Evans, 8 Mich. 476. The statute permitting litigants to testify obviated the necessity for that rule. In Seventh-Day Adventist Publishing Ass’n v. Fisher, the clerks who kept the books testified that they were correctly kept and the items *571duly entered, and the books were admitted. The…
2Cases cited12 opinions
- Lockbihler v. YoungCalifornia Supreme Court · 1899
- Howard v. PatrickMichigan Supreme Court · 1878
- In Re the Estate of TompkinsCalifornia Supreme Court · 1901
- Brayn's Appeal From ProbateSupreme Court of Connecticut · 1904
- Lawrence v. . LindsayNew York Court of Appeals · 1877
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3Cited by12 opinions
- Vanderlinde v. Bankers Trust Co.Michigan Supreme Court · 1935
- In Re Shattuck's EstateMichigan Supreme Court · 1949
- Douglas v. NewellWyoming Supreme Court · 1986
- Linney v. Cleveland Trust Co.Ohio Court of Appeals · 1928
- Chappell v. WantzNebraska Supreme Court · 1939
7 more not listed; retrieve them via the Exa API.