Russell v. Wheeler
Michigan Supreme Court
Error to Kalamazoo; Adams, J. Henrietta Russell appealed from an order of the probate court settling her final account as administratrix of the estate of Charles P. Gage, deceased. She prevailed in the circuit, and Mary Wheeler, an heir, brings error. One Charles P. Gage died January 28, 1878, leaving a widow (now Mrs. Russell), a son nine years old, and a daughter, Mary, four years old (now Mrs. Wheeler), the contestant here. The widow was appointed administratrix.
Read the full summary
Error to Kalamazoo; Adams, J. Henrietta Russell appealed from an order of the probate court settling her final account as administratrix of the estate of Charles P. Gage, deceased. She prevailed in the circuit, and Mary Wheeler, an heir, brings error. One Charles P. Gage died January 28, 1878, leaving a widow (now Mrs. Russell), a son nine years old, and a daughter, Mary, four years old (now Mrs. Wheeler), the contestant here. The widow was appointed administratrix. The property of the estate consisted of a farm of 120 acres, about 80 acres under cultivation, appraised at $4,500, and personal…
1Opinion of the CourtGrant, J.
{after stating the facts). All the assignments of error, which are many-, present only four propositions, and are so discussed by counsel. The four questions are:
1. Is the mortgage authorized by the probate court void because authorized and issued for a larger amount than asked for in the petition ?
2. Should the payment of the mortgage debts be excluded from the administratrix’s account because they were not allowed by the probate court, and she be held liable therefor ?
3. Must she be responsible for the rents and profits ?
4. Was the ruling of the court in striking out the item of rents from…
2Cases cited10 opinions
- Thompson v. HowardMichigan Supreme Court · 1875
- McPike v. McPikeSupreme Court of Missouri · 1892
- Ryder v. FlandersMichigan Supreme Court · 1874
- Detroit Fire & Marine Insurance v. AspinallMichigan Supreme Court · 1882
- Thomas v. WattMichigan Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Draper v. BrownMichigan Supreme Court · 1908
- In re Hansen's EstateUtah Supreme Court · 1919
- Webber v. Detroit Fidelity & Surety Co.Michigan Supreme Court · 1933
- Will of HurleyWisconsin Supreme Court · 1927
1 more not listed; retrieve them via the Exa API.