In re Gallagher's Estate
Michigan Supreme Court
Error to Wayne; Frazer, J. In the matter of the estate of Patrick Gallagher, deceased, Maria J. Quinn, guardian, appealed to the circuit court from an order of the probate court charging a certain balance against Jeremiah Connor, the executor. On the trial in the circuit court, the jury found a much larger balance due, and Daniel Sullivan, the executor’s surety, made a motion for a new trial.
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Error to Wayne; Frazer, J. In the matter of the estate of Patrick Gallagher, deceased, Maria J. Quinn, guardian, appealed to the circuit court from an order of the probate court charging a certain balance against Jeremiah Connor, the executor. On the trial in the circuit court, the jury found a much larger balance due, and Daniel Sullivan, the executor’s surety, made a motion for a new trial. After a denial of the motion, Sullivan died, and Thomas F. Sullivan and another, his executors, bring error.
1Opinion of the CourtHooker, J.
Jeremiah Connor was appointed executor of the last will and testament of Patrick Gallagher, who died in 1886. His final account was heard in the probate court on May 28, 1895, and a balance was found against him amounting to $577.38. On appeal, the jury found the sum of $3,943.76 due from him to the estate. This trial occurred in October, 1897. At the time he was appointed executor, one Daniel Sullivan signed his bond as surety. He took no part in the proceeding in either court, but obtained leave to move for a new trial, which motion was denied. After his.death, which occurred in March,…
2Cases cited4 opinions
- In re Mower's appealMichigan Supreme Court · 1882
- Stevenson v. Detroit & Mackinac Railway Co.Michigan Supreme Court · 1898
- In re Brewster's EstateMichigan Supreme Court · 1897
- In re the Estate of PowerMichigan Supreme Court · 1892
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