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IN RE VANCONETT ESTATE

Docket No. 247516.

687 N.W.2d 167 (2004)

262 Mich. App. 660

In re VANCONETT ESTATE. Floyd Rau, Personal Representative of the Estate of Herbert Lee VanConett, Deceased, Joyce Ann Florip, Karen Jean Peterson, and Sandra Lee Parachos, Plaintiffs-Appellants, v. Elizabeth M. Leidlein and Marianne Durussel, Defendants-Appellees.

Court of Appeals of Michigan.

Decided July 1, 2004, at 9:10 a.m.

Released for Publication September 15, 2004.

Attorney(s) appearing for the Case

Martin & Martin (by Walter Martin, Jr.), Saginaw, for the plaintiffs.

Strobel, Meyer, Jaffke, Shinners & Ellsworth, PLLC (by Kirk C. Ellsworth), Saginaw, for Elizabeth Leidlein.

Jack A. Weinstein, P.C. (by Jack A. Weinstein), Saginaw, for Marianne DuRussel.

Before: MURRAY, P.J., and NEFF and DONOFRIO, JJ.

DONOFRIO, J.

Plaintiffs appeal as of right the probate court's order granting summary disposition in favor of defendants. This case involves the right of the decedent, Herbert Lee VanConett, to dispose of property following the death of his wife, Ila R. VanConett, under a mutual will made pursuant to a contract to make a will. After reviewing the record, we decide that the probate court erred in concluding that the VanConetts did not create a contract to make a will...

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