Brown v. Just
Michigan Supreme Court
Certiorari to Ionia; Davis, J. Leonard H. Merrifield, a legatee under the will of Curtis Merrifield, deceased, petitioned for the probate of said will, and the appointment of William J. Just as administrator with, the will annexed. The probate court appointed Charles Brown as executor, and an appeal was taken to the circuit court, where the order of the probate court was reversed and the prayer of the petition granted. Charles Brown brings certiorari.
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Certiorari to Ionia; Davis, J. Leonard H. Merrifield, a legatee under the will of Curtis Merrifield, deceased, petitioned for the probate of said will, and the appointment of William J. Just as administrator with, the will annexed. The probate court appointed Charles Brown as executor, and an appeal was taken to the circuit court, where the order of the probate court was reversed and the prayer of the petition granted. Charles Brown brings certiorari. Curtis Merrifield died testate. By his will, he gave to his wife absolutely certain described personal property, and one-half of all his other…
1Opinion of the CourtGrant, C. J.
(after stating the facts). It is con*680ceded that at the common law a testator may delegate to another the power to choose his executor. Two questions are therefore before us for determination: (1) Does the statute take away this power of delegation? (2) Does the language of the will amount to a delegation of the power ?
1. It is urged that our statute makes no provision for the appointment of an executor unless actually named in the will. This point was raised in Hartnett v. Wandell, 60 N. Y. 346 (19 Am. Rep. 194). It was held that the statute of that State did not abrogate the common-law power…
2Cases cited3 opinions
- Hartnett v. . WandellNew York Court of Appeals · 1875
- Allison v. SmithMichigan Supreme Court · 1868
- In re Estate of NugentMichigan Supreme Court · 1889
3Cited by5 opinions
- In Re Proving the Will of BergdorfNew York Court of Appeals · 1912
- People v. HutnerMichigan Court of Appeals · 1995
- In Re Effertz' EstateMontana Supreme Court · 1949
- In re the Estate of GriffinNew York Surrogate's Court · 1948
- Gergen v. KellingtonMontana Supreme Court · 1949