The American Probate Reports (Volume 4); Containing Recent Cases of General Value Decided in the Courts of the Several States on Points of Probate Law, with Notes and References - Softcover

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886. Excerpt: ... widow, one Elizabeth J. Larnerd, constituted the only heirs at law of the deceased. The prayer of the petition was that the court adjudge who were the heirs of the deceased and entitled to inherit such real estate. Upon the hearing of this petition, after publication of notice, the court, after reciting the facts established upon the hearing, as set forth in the petition, adjudged the said Horatio H. Larnerd and Elizabeth J. Larnerd to be the heirs at law of the said William L. Larnerd, and entitled by the laws of the State of Michigan to inherit the real estate of the said deceased. The defendant excepted to the ruling of the court admitting this evidence, and now assigns the same as error. The plaintiff showed, by a chain of conveyances, the transmission of the title of Horatio H. and Elizabeth J. Larnerd to himself. The facts sought to be proved by the record evidence referred to--that is, the death of William J. Larnerd, and the heirship, under the laws of this State, of Horatio H. Larnerd and Elizabeth J. Larnerd--were substantive and essential facts upon which the plaintiffs title, which was in issue, depended. More strict proof is required under such circumstances than is requisite when such questions arise incidentally or collaterally. (2 Phil. Ev. 93; 2 Greenl. Ev. § 278a.) Upon authority w© consider that the evidence was inadmissible. Thompson v. Donaldson, 8 Esp. 63; 2 Phil. Ev. 93; Mutual Ben. Life Ins. Co. v. Tisdale, 91 U. S. 238; Carroll v. Carroll, 60 N. Y. 121' English v. Murray, 13 Tex. 366; and see Day v. Floyd, 130 Mass. 488, 489.) There is no recognized principle of the law of evidence to which the admissibility of this evidence can be referred, unless it is to be considered that the determination of the Probate Court was an...

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