Legal Opinion
Michigan Trust Co. v. Fox
Michigan Supreme Court
Decided September 26, 1916No. Docket No. 111PublishedCited by 5 opinions
Error to Kent; Perkins, J. The Michigan Trust Company presented for probate the last will and testament of Charles Fox, deceased. The will was allowed in the probate court, and Corinne H. Fox appealed to the circuit court. The Masonic Temple Association intervened claiming interests. Judgment for contestant as to portion of said will. Intervener brings error.
1Opinion of the CourtBrooke, J.
(after stating the facts). The statute covering the question involved (3 Comp. Laws, § 9270 [3 Comp. Laws 1915, § 11825]) follows:
“No will nor any part thereof shall be revoked, unless by burning, tearing, canceling or obliterating the same, with the intention of revoking it, by the testator, or by some person in his presence and by his direction; or by some other will or codicil in writing, executed as prescribed in this chapter; or by some other writing, signed, attested and subscribed in the manner provided in this chapter for the execution oí a will; excepting only that nothing contained…
2Cases cited15 opinions
- McIntyre v. McIntyreSupreme Court of Georgia · 1904
- In Re the Probate of the Will of HopkinsNew York Court of Appeals · 1902
- Olmsted v. BussCalifornia Supreme Court · 1898
- Bigelow v. GillottMassachusetts Supreme Judicial Court · 1877
- Burton v. WyldeIllinois Supreme Court · 1913
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3Cited by5 opinions
- Cattell v. EvansMichigan Supreme Court · 1942
- Stuart v. McWhorterCourt of Appeals of Kentucky (pre-1976) · 1931
- In Re McKay EstateMichigan Supreme Court · 1956
- Grant v. EulittMichigan Supreme Court · 1956
- Rauchfuss v. GiffordWisconsin Supreme Court · 1939