Frenzel v. Hayes

(after stating the facts). 1. Plaintiff seeks to here enforce her individual rights, her rights as guardian of Marjorie, and her rights as administratrix of Morgan’s estate. She has the right to enforce her interest as widow of Morgan, and she may, as guardian, file a bill for partition. Gillmett v. Tourcott, 213 Mich. 617. The bill is, therefore, maintainable and we need not discuss whether an administrator alone may maintain such a bill. Defendants’ counsel now insist that no demand for partition was made before filing the bill, and that certain prerequisites were not complied with. It is…