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IN RE POTTER ESTATE

Docket No. 52, Calendar No. 47,858.

355 Mich. 403 (1959)

94 N.W.2d 813

In re POTTER ESTATE. LEETE v. DEPARTMENT OF REVENUE.

Supreme Court of Michigan.

Decided February 19, 1959.

Attorney(s) appearing for the Case

Alexander P. Leete, executor, for plaintiff estate.

Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, and Percival R. Piper, Assistant Attorney General, for defendant.

BLACK, J.

An evidentiary phase of this proceeding came to decision in In re Potter Estate, 351 Mich. 326 (66 ALR2d 325). On remand the executor's appeal from probate to circuit was tried to the court without a jury. The witness Ward testified fully in support of the executor's petition. The circuit judge thereupon ruled that the petitioner-executor had failed to sustain the burden of overcoming the statutory presumption,...

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