Legal Opinion

Hollowell v. Cole

Michigan Supreme Court

Decided July 12, 1872PublishedCited by 10 opinions

Error to St. Joseph Circuit. Frederick W. Cole, a minor, by liis guardian, Edwin EL Lothrop, presented a claim against the estate of Norman A. Cole, deceased, to the commissioners to receive, examine and adjust claims against said estate, which.was disallowed by them, whereupon he appealed the matter to the circuit court for St. Joseph county. Pending said appeal, said appellant came of age, and thenceforth prosecuted said suit in his own name.

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Error to St. Joseph Circuit. Frederick W. Cole, a minor, by liis guardian, Edwin EL Lothrop, presented a claim against the estate of Norman A. Cole, deceased, to the commissioners to receive, examine and adjust claims against said estate, which.was disallowed by them, whereupon he appealed the matter to the circuit court for St. Joseph county. Pending said appeal, said appellant came of age, and thenceforth prosecuted said suit in his own name. The circuit judge found as facts, among other things, that the claim thus presented was a claim which had existed during her lifetime in favor of Jane…

1Opinion of the Court

The Court

held that the defendant in error was not the legal representative of his mother’s personal estate, and had no authority to present and collect the claim. The administrator upon his mother’s estate was the only competent person to enforce such claim.

Judgment below reversed, with costs.

2Cited by10 opinions

  1. McKenney v. MinahanWisconsin Supreme Court · 1903
  2. Murphy v. HanrahanWisconsin Supreme Court · 1880
  3. Miller v. ClarkMichigan Supreme Court · 1885
  4. Parks v. Crippin-NorrisMichigan Supreme Court · 1894
  5. Morris v. VyseMichigan Supreme Court · 1908

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