High
Michigan Supreme Court
Appeal of Rue High from the decree of the Probate Court of Macomb county, admitting to probate a certain instrument hereinafter set forth, as the last will and testament of Nathaniel High, deceased. The instrument was presented for probate by Joseph C. High, the principal legatee therein named. The appellant was the father of the deceased.
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Appeal of Rue High from the decree of the Probate Court of Macomb county, admitting to probate a certain instrument hereinafter set forth, as the last will and testament of Nathaniel High, deceased. The instrument was presented for probate by Joseph C. High, the principal legatee therein named. The appellant was the father of the deceased. The following facts appeared on the hearing in this court: Nathaniel High, the testator, was born in the state of Vermont about the year 1812 and continued to reside there with his parents, who were domiciled in that state, until about eighteen years of…
1Opinion of the Court
Wing J.
delivered the opinion of the court.
The proof of the instrument claimed to be the will of Nathaniel High, and indeed the only testimony as to any of the facts in this case which transpired on board the ship Plato, is contained in the deposition of Capt. Hoyt, taken in New York, under a commission issued by the judge of Probate. In the course of the hearing in this court, objection was made to the reading of this deposition, on the ground that the court of probate had no power to issue a commission to take the testimony of a witness residing out of the state. On a hasty glance at the…
2Cases cited6 opinions
- Harvey v. RichardsU.S. Circuit Court for the District of Massachusetts · 1818
- Holmes v. BroughtonNew York Supreme Court · 1833
- Dixon's Executors v. Ramsay's ExecutorsSupreme Court of the United States · 1806
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Worthington v. HannaMichigan Supreme Court · 1871
- Harwood v. MarshallCourt of Appeals of Maryland · 1856
- Kimball v. Union Water Co.California Supreme Court · 1872
- Murray v. StevensMassachusetts Supreme Judicial Court · 1872
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