Zimmer v. Saier
Michigan Supreme Court
Error to Ingham; Wisner, J., presiding. John J. Zimmer presented his final account as administrator with the will annexed of the estate of Elnora Saier, deceased. The account was allowed in the probate court, and Charles Saier and others appealed to the circuit court. There was judgment allowing the account in part, and contestants bring error. Elnora Saier died January 11, 1898, leaving a will executed on that day.
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Error to Ingham; Wisner, J., presiding. John J. Zimmer presented his final account as administrator with the will annexed of the estate of Elnora Saier, deceased. The account was allowed in the probate court, and Charles Saier and others appealed to the circuit court. There was judgment allowing the account in part, and contestants bring error. Elnora Saier died January 11, 1898, leaving a will executed on that day. She had executed a previous will on August 7, 1895. The will of January 11th was presented for probate. A contest between the heirs arose over this will, which found its way into…
1Opinion of the CourtGrant, J.
(after stating tivs facts). The record contains no parol evidence upon the employment of Mr. Gardner in the will contest. None of the testimony bearing upon this item, if any was taken, appears. Whether Mr. Gardner was employed in the probate court the record fails to show. It is recited in the record as follows:
“ It further appears that L. B. Gardner, at the request of the five above named who were in favor of the will *391bearing date January 11, 1898, took part as an attorney for the proponents of the will in the trial, both in the circuit court and in the Supreme Court, and said…
2Cases cited3 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- In re Estate of ParsonsCalifornia Supreme Court · 1884
- Grece v. HelmMichigan Supreme Court · 1892
3Cited by5 opinions
- Stover v. Wayne Probate JudgeMichigan Supreme Court · 1922
- Livingston v. LivingstonSupreme Court of Iowa · 1915
- In re Saier's EstateMichigan Supreme Court · 1909
- Barber v. Wayne Circuit JudgeMichigan Supreme Court · 1928
- Clifton v. KeelerMichigan Supreme Court · 1909