Rivard v. Rivard
Michigan Supreme Court
Error to Wayne; Frazer, J. Charles Rivard and others appealed from an order of the probate court allowing the will of Ferdinand C. Rivard, deceased. From a judgment for contestants, Paul Rivard and Ephraim Rivard, executors and proponents, bring error. Ferdinand C. Rivard died testate in 1892, at the age of 82 years. He owned a farm of 400 acres, situated about six miles from the city of Detroit, on the road to Grosse Pointe. There he was born and always lived.
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Error to Wayne; Frazer, J. Charles Rivard and others appealed from an order of the probate court allowing the will of Ferdinand C. Rivard, deceased. From a judgment for contestants, Paul Rivard and Ephraim Rivard, executors and proponents, bring error. Ferdinand C. Rivard died testate in 1892, at the age of 82 years. He owned a farm of 400 acres, situated about six miles from the city of Detroit, on the road to Grosse Pointe. There he was born and always lived. A part of the farm he inherited. The rest he obtained by purchase. He was a shrewd, careful,’ economical man. He amassed considerable…
1Opinion of the CourtGrant, J.
(after stating the facts).
1. The court did not err in refusing to instruct'the jury that there was no evidence of undue influence. It must be borne in *110mind that the first will was a fairly equitable division of the testator’s property among his children. This was in accordance with the natural affection which every father is supposed to have for his offspring. There is no evidence that any influence was exercised over Mr. Rivard in the execution of that will, or that there was then any alienation of affection between him and any of his children. If the case had been tried upon the theory that…
2Cases cited14 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Beaubien v. CicotteMichigan Supreme Court · 1864
- People v. SeamanMichigan Supreme Court · 1895
- Fraser v. JennisonMichigan Supreme Court · 1879
- Kempsey v. McGinnissMichigan Supreme Court · 1870
9 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Grewe v. Mount Clemens General HospitalMichigan Supreme Court · 1978
- Wisner v. ChandlerSupreme Court of Kansas · 1915
- In Re Allen's Estate.Michigan Supreme Court · 1925
- Loree v. VedderMichigan Supreme Court · 1909
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