Union Trust Co. v. Kirchberg
Michigan Supreme Court
Appeal from Wayne; Mandell, J. Bill by the Union Trust Company, special administrator of the estate of Christian Kirchberg, deceased, against William M. Kirchberg and others to set aside certain conveyances. From a decree dismissing the bill of complaint, complainant appeals. Pending proceedings to determine whether Christian Kirchberg, deceased, died testate or intestate, complainant was appointed special administrator of the estate.
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Appeal from Wayne; Mandell, J. Bill by the Union Trust Company, special administrator of the estate of Christian Kirchberg, deceased, against William M. Kirchberg and others to set aside certain conveyances. From a decree dismissing the bill of complaint, complainant appeals. Pending proceedings to determine whether Christian Kirchberg, deceased, died testate or intestate, complainant was appointed special administrator of the estate. It was also the executor nominated in the instrument proposed as a last will. As special administrator it filed a bill of complaint in the circuit court, in…
1Opinion of the CourtOstrander, J.
(after stating the facts). The second of the propositions stated ought to be first considered. It amounts to this: That the court prematurely made a decree and should have proceeded to hear the testimony and thereafter determine the issues and make and enter a decree. In Pratt v. Millard, there was an appeal to this court from a decree dismissing a bill of complaint; the de*164cree going upon the ground that the complainant in the case had no interest whatever in the matter in issue. It appeared beyond question that the complainant, who was appellant, had no interest in the subject-matter and no…
2Cases cited2 opinions
- Gray v. EldredMichigan Supreme Court · 1906
- Wilmarth v. ReedMichigan Supreme Court · 1890
3Cited by6 opinions
- Holzemer v. UrbanskiOhio Supreme Court · 1999
- Howes v. BarneyMichigan Supreme Court · 1917
- Holzemer v. UrbanskiOhio Supreme Court · 1999
- In Re Thompson's EstateMichigan Supreme Court · 1928
- Konke v. PolczynskiMichigan Supreme Court · 1941
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