Legal Opinion

In re Mills' Estate

Michigan Supreme Court

Decided November 5, 1909No. Docket No. 5PublishedCited by 6 opinions

Error to Eaton; Smith, J. Petition by Mae Mills Hulbert for a rehearing on the allowance of the final account of Myron Mills, deceased. The petition was granted, and the administrator appealed to the circuit court. An order dismissing the appeal is reviewed by said administrator on writ of error. Appellant, Myron Mills, was the administrator of the estate of Frank B. Mills, deceased.

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Error to Eaton; Smith, J. Petition by Mae Mills Hulbert for a rehearing on the allowance of the final account of Myron Mills, deceased. The petition was granted, and the administrator appealed to the circuit court. An order dismissing the appeal is reviewed by said administrator on writ of error. Appellant, Myron Mills, was the administrator of the estate of Frank B. Mills, deceased. On April 2, 1907, he presented his final account to the probate court, and asked for its allowance. It appears from the record that on the same date an order was entered allowing the account. The statement is…

1Opinion of the CourtGrant, J.

{after stating the facts). 1. The petition in this case was filed under Act No. .271, Pub. Acts 1905. By that act the law was amended, giving to the probate courts the right to modify and set aside their orders, sentences, and decrees upon a petition therefor made within 90 days of the original hearing, or of the entry of such order, sentence, or decree. Prior to this act probate courts had no authority to set aside or modify their decrees. The sole remedy was by appeal to the circuit court. The position of the appellant is that the probate court has no jurisdiction to entertain a petition…

2Cases cited1 opinion

  1. In re Ward's EstateMichigan Supreme Court · 1908

3Cited by6 opinions

  1. Davis v. McCammanMichigan Supreme Court · 1911
  2. In re Butt's EstateMichigan Supreme Court · 1913
  3. In Re Gzella's EstateMichigan Supreme Court · 1933
  4. In Re Reid's EstateMichigan Supreme Court · 1929
  5. Stefaniak v. Equitable & Central Trust Co.Michigan Supreme Court · 1933

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