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151 Mich. App. 780

Harris v. Davis

Michigan Court of Appeals

Decided May 20, 1986

Michigan Court of Appeals · decided 1986-05-20

Cited by 1 later decisions — most recently September 1994

Good law ✅— No negative treatment on recordhow we know

Decided 1986-05-20

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D. E. Holbrook, Jr., J.

¶1(concurring), I concur separately because I do not agree with the majority where they say that

this Court reads the forfeiture statute in MCL 700.290; MSA 27.5290 as showing an intent by the *788Legislature that a spouse must intend to give up his rights in the marriage before such can be lost.

¶2In my opinion the intent of the spouse is irrelevant. All that matters is whether the spouse has wilfully deserted, neglected or absented himself from the spouse for more than one year prior to the death.

¶3I agree with the result and I join in the affirmance.

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