In re Chambers' Estate, 333 Mich. 462

Summary

The Michigan Supreme Court reviewed a will contest involving Gus Chambers's testamentary capacity, alleged undue influence, execution of the will, and the jurisdiction of the Wayne County courts. The court held that the jurisdictional objection was raised too late and that testamentary capacity and proper execution presented factual issues for the jury. The judgment disallowing the will was reversed, and the cause was remanded for certification to the probate court.

Holdings

1. The jurisdictional issue was not raised in the reasons assigned when the will contest was certified from the probate court to the circuit court, so it was too late to inject that issue into the proceedings by a post-verdict motion.
2. The circuit court erred in granting judgment notwithstanding the verdict because testamentary capacity, proper execution, and undue influence presented factual questions for the jury, and competent evidence supported the jury's verdict for the proponent.

Questions Presented

1. Whether the Wayne County probate and circuit courts could exercise jurisdiction over the will contest when the contestant later asserted that Chambers was a resident of Macomb County.
2. Whether the circuit court erred by granting judgment notwithstanding the verdict and disallowing the will when the evidence presented factual questions concerning Chambers's testamentary capacity, undue influence, and proper execution.

Disposition

reversed_and_remanded