Corby v. Probate Judge

1 McGrath 413, 96 McGrath 11
CourtMichigan Supreme Court
DecidedJune 1, 1893
DocketNo. 13454
StatusPublished
Cited by1 cases

This text of 1 McGrath 413 (Corby v. Probate Judge) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corby v. Probate Judge, 1 McGrath 413, 96 McGrath 11 (Mich. 1893).

Opinion

To compel respondent to vacate an order entered Play 21, 1812, admitting a will to probate, on the ground that the testator, at the time that the will is alleged to have been executed, was insane and incompetent, and that relator had no knowledge of its probate, or the application therefor, and further, that the proofs on file do not show the proper publication of the notice of the application for probate.

Denied June 1, 1893, with costs.

Held, that the Probate Court.has no power to vacate the order, and that mandamus will not lie where the person to whom it is addressed has no power to obey its mandate.

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Related

Hitchcock v. Probate Judge
1 McGrath 923 (Michigan Supreme Court, 1894)

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Bluebook (online)
1 McGrath 413, 96 McGrath 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corby-v-probate-judge-mich-1893.