Defendant, a minor, contested his mother's will which provided that if a beneficiary should make any effort to invalidate or alter the will, the provisions made for such person should be void. Defendant's father, who had been appointed guardian ad litem, filed notice of contest and petitioned the probate court that the general guardian be compelled to contest the will. After hearing, it was so ordered, and a will contest was held in the circuit court, in which mental incompetency and undue influence were alleged. The contest being unsuccessful, the will was admitted to probate. Plaintiff, as executrix and beneficiary, unsuccessfully sought a decree that she was entitled to the entire estate, on the ground that defendant, the only other beneficiary, had disqualified himself to take by contesting the will. On appeal, held, affirmed. The condition against contest was void against a minor as tending to deprive the probate court of its duty to protect the interests of minors. Farr v. Whitefield, (Mich.1948) 33 N.W. (2d) 791.
Roland E. Ginsberg,
WILLS-VALIDITY OF CONDITION AGAINST CONTEST-CONTEST BY MINOR,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol47/iss5/23