Michigan, two solid silver spoons, one table and one dessert spoon, heirlooms of the Mott and Williams families, bearing the initials respectively ‘G. E. M.' and J. M. W.' believing that my said cousin will appreciate these relics more highly than any of my nearer relatives.

"Sixth. I give and devise to my two highly valued friends, James R. Jones and his wife, Alice Isabell Jones, of Holly, Oakland county, Michigan, and to their heirs and assigns, the following real estate situated in the city of Detroit, Wayne county, Michigan, to wit: Lot numbered four (4) of Williams subdivision of private claim number thirty (30) lying on the south side of Jefferson avenue, west, at the foot of Summit street, according to the plat thereof recorded in the office of the register of deeds for said Wayne county.

"I also give and devise to them lots numbered one (1), two (2), three (3), four (4), and five (5) of F. Williams subdivision of out lot numbered thirtyseven (37) of private claim number thirty (30) situated on the south side of Toledo avenue, in the city of Detroit, Wayne county, Michigan.

"In making the aforesaid bequests to my friends, Mr. and Mrs. James R. Jones, it seems proper for me to state, in justice to each of them, that neither of them have at any time mentioned the subject of my leaving them any property, nor have they exercised or attempted to exercise any influence over me to cause me to remember them in this my will, and our relations have always been of the most honorable character from beginning to end. But they have both shown me great kindness and true friendship for many years, during which time their house has been mostly my home.

"Seventh. I give and bequeath to my esteemed young friend, Miss Fay Maybee, daughter of my friend, John Maybee, of Independence, Oakland county, Michigan, the sum of $1,000.00.

"Eighth. I give and bequeath to my niece, Florence Cooper, or her heirs, the sum of two thousand ($2,000) dollars, West Branch, Michigan.

"Ninth. I give and bequeath to my old schoolmate and friend of my sister Flora, Mrs. Carrie Wilcox

Hoyt, of Pontiac, or her heirs, the sum of one thousand ($1,000) dollars.

"Tenth. I give and bequeath to my old friend, Mrs. Manuel R. Phillips, of Waterford, Oakland county, Michigan, the sum of five hundred ($500) dollars, in appreciation of her kindness and the good and faithful services she rendered my sisters Emily and Elizabeth and my mother during their last sickness.

"Eleventh. I give and bequeath to my friend Prof. Homer Robbins, of Ann Arbor, Michigan, son of my much esteemed friend Elmer Robbins, deceased, of Waterford, Michigan, the sum of five hundred ($500) dollars.

"Twelfth. I give and devise to my executors hereinafter named, and to their successor or successors, the following real estate in trust, and I hereby direct, authorize and empower them to sell and convey the same by good and sufficient deed or deeds as soon as it can be done by them, without sacrificing the property, and apply the proceeds derived therefrom in paying the debts and various legacies named in this instrument, such legacies are not to bear interest, to wit: Lots numbered four (4) to twenty-two (22), both inclusive, and the north twenty-one (21) feet of lot numbered twenty-three (23), all in F. Williams subdivision of out lot twelve (12) private claim number thirty (30), situated between Fort street and the Wabash R. R. track, on the west side of Ferdinand St., in the city of Detroit, Wayne county, Michigan. Also lot numbered five (5) of P. Williams subdivision of out lot thirty-one (31) of private claim number thirty (30), situated on the south side of Dix avenue, in the city of Detroit, Wayne county, Michigan.

"Thirteenth. All the rest, residue and remainder of my estate, both real and personal, of whatever kind and description, I give, devise and bequeath to Ferdinand W. Tilden, of Detroit, Michigan, and James R. Jones, of Holly, Michigan, in equal shares.

"And lastly I do nominate and appoint my friend James R. Jones, of Holly, Michigan, and my nephew Ferdinand W. Tilden, of Detroit, Michigan, the executors of this my last will and testament, hereby revoking all former wills by me made.

"In witness whereof, I have hereunto set my hand and seal this 22d day of January in the year of our Lord one thousand nine hundred and nine (1909).

[Signed] "JULIEN WILLIAMS. [L. S.] "The foregoing instrument was at the date thereof signed, published and declared by the said Julien Williams to be his last will and testament, in the presence of us, who, at his request, and in his presence and in the presence of each other, have signed our names as witnesses thereto.

"CHARLES A. WILSON, Holly, Michigan.

"WILLIAM L. PLUMER, Holly, Michigan."

The will was admitted to probate in the probate court for Oakland county, and an appeal was taken to the circuit court, where its probate was contested by Mary F. McKeand, a sister of the testator, upon two grounds: Those of mental incompetency and undue influence.

A brief historical sketch of the testator will be found interesting, if not valuable. Julien Williams was born in 1840. He was the son of Ferdinand Williams and the grandson of John R. Williams, who in his lifetime was a man of considerable prominence in the city of Detroit. Testator's mother died in 1892, and his father in 1896. The testator was graduated from the legal department of the University of Michigan in 1863, shortly after married, and lived with his wife in the city of Detroit for a time. She, however, in a few years obtained a divorce from the testator, and thereafter he remained single. No children were born of this union. After his graduation he opened a law office in the city of Detroit, which he continued for about ten years. He did little legal business, except to look after the property interests of his father and mother, which seem to have been rather considerable. For a time after leaving Detroit, he lived with his mother at the village of Waterford, in Oakland county, and after her death he lived upon a farm that was owned by his father in the same

county. This farm consisted of about 200 acres, mostly covered by lake and forest. The record discloses that the testator was not a farmer, in the ordinary sense of the word; that he was fond of fishing and hunting, frequently going upon trips indulging in these pastimes. He lived a life of leisure for the most part, and seems to have been somewhat of a recluse, much of the time residing upon the farm in question and doing his own cooking. Upon the death of his mother, he seems to have inherited some property, and, when his father died testate in 1896, he inherited a very considerable estate from that source. The will of his father had been made some 30 or 40 years prior to his death. Under its terms Julien Williams claimed to take as residuary legatee all of his father's estate, except that specifically devised to others. A considerable portion of the estate seems to have been acquired by his father after the making of the will, and his older sister, Mary F. McKeand, took the view that such portion should descend to his heirs at law as undevised property. A contest was had between the testator and his sister Mrs. McKeand, in which this court determined that the contention of Mrs. McKeand was proper. This contest occurred between the years 1897 and 1899. It involved a considerable amount of expense for counsel, and seems to have engendered in the testator a very bitter feeling toward his sister Mrs. McKeand. He seems to have rested under the belief that he had been wrongfully deprived of a portion of the patrimony his father had intended him to enjoy. After the death of his father, the testator, who had been on fairly friendly terms with his sister up to that time, ceased all communication with her. The record discloses but one or two exceptions. In 1911 he appears to have sent her by her daughter's hand a jar of honey, and upon one other occasion is said to have written her a

note inviting her to it him. This letter was not produced.

James R. Jones and his wife, who are devisees under the will of property of the appraised value of $18,600 and one-half of the residue of the estate, were friends and acquaintances of the testator for more than 30 years prior to his death, which occurred in November, 1912. For a time Jones was in business at the village of Waterford, and at an early day seems to have joined the testator in various hunting and fishing trips. They usually had a camping party once each year, and the testator and Jones and his wife were members of the party, which usually contained 15 or 20 persons. Later Jones moved to the village of Holly, where he likewise was engaged in business. The testator was a frequent and welcome visitor at his house, usually spending a day or two at a time. On one occasion he boarded with the Jones family for about three months, sleeping at home. Within the past 15 years, the testator, Jones, and his wife made three trips to Florida and one to the Pacific coast. On these occasions Jones paid the expenses of himself and wife, while the testator paid his own. The first services rendered by Jones to the testator seem to have been in connection with the will contest over the estate of the testator's father. The exact character of these services the record fails to disclose, but that such were rendered there is no question. About the year 1904 an arrangement was made between the testator and Jones, by the terms of which Jones agreed to assist the testator whenever required, in the care or disposition of his property, consisting principally of a large number of lots in the city of Detroit, in consideration of which the testator agreed to pay Jones more than he had been receiving up to that time, which appears to have been $65 to $75 per month. Under this arrangement, very many trans