Legal Opinion

Nowland v. Rice's Estate

Michigan Supreme Court

Decided November 9, 1904No. Docket No. 30PublishedCited by 15 opinions

Error to Wayne; Donovan, J. Moses R. Nowland, administrator of the estate of George Rice, deceased, appealed from the order of the probate court allowing his final account. To review the judgment rendered, the administrator brings error. The appellant was appointed administrator of the estate of George Rice, deceased, in November, 1887. On May 13, 1889, he filed an account.

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Error to Wayne; Donovan, J. Moses R. Nowland, administrator of the estate of George Rice, deceased, appealed from the order of the probate court allowing his final account. To review the judgment rendered, the administrator brings error. The appellant was appointed administrator of the estate of George Rice, deceased, in November, 1887. On May 13, 1889, he filed an account. This account was heard by the probate court, passed upon, and allowed, with a balance due the estate of $338.72. He filed no further account until he was cited in February, 1901, to file another account. In accordance with…

1Opinion of the CourtGrant, J.

[after stating the facts). 1. There are 46 assignments of error, but it is unnecessary to state or discuss them. The order of the probate court allowing the first account, being unappealed from, is conclusive upon appellant. If he desired to dispute any of the findings of the court upon the items of that account, he should then have appealed. He cannot reopen it 12 years after it has been adjudicated, upon the assumption that it is erroneous. Parties interested in the estate had a right to assume that the account as allowed was correct, and to rely upon the order of the court as final. Morton…

2Cases cited6 opinions

  1. Gott v. CulpMichigan Supreme Court · 1881
  2. In re Mower's appealMichigan Supreme Court · 1882
  3. Stebbins v. StebbinsMichigan Supreme Court · 1892
  4. Morton v. JohnstonMichigan Supreme Court · 1900
  5. In re Pfeffer's EstateMichigan Supreme Court · 1898

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
  2. Raseman v. RasemanMichigan Supreme Court · 1926
  3. In Re Horn's EstateMichigan Supreme Court · 1938
  4. Svitojus v. KurantMichigan Supreme Court · 1940
  5. Melstrom v. TerrySupreme Court of Minnesota · 1927

10 more not listed; retrieve them via the Exa API.

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