Legal Opinion

Mitchell v. Bay Probate Judge

Michigan Supreme Court

Decided March 3, 1909No. Calendar No. 23,171PublishedCited by 16 opinions

Mandamus by Walter B. Mitchell to compel Gr. H. Francis, probate judge of Bay county, to vacate an order sustaining a demurrer to a petition for a discovery of assets.

1Opinion of the CourtHooker, J.

The relator is a son, who, with four other *551sons and daughters and Mary B. Mitchell, widow and administratrix, are heirs of the estate of the late William Mitchell of Bay county. Relator, being dissatisfied with the inventory made by the administratrix, filed a petition in the probate court, alleging upon information and belief that certain real and personal property specifically described should be inventoried. It did not ask for discovery under the statutes hereinafter cited. An answer was filed stating that certain of the real and personal property was the property of Mary B. Mitchell, that…

2Cases cited9 opinions

  1. People ex rel. Campau v. Circuit CourtMichigan Supreme Court · 1863
  2. Church v. HolcombMichigan Supreme Court · 1880
  3. Swift v. Judges of the Circuit CourtMichigan Supreme Court · 1887
  4. Schlee v. Estate of DarrowMichigan Supreme Court · 1887
  5. Perrin v. Judge of the Circuit CourtMichigan Supreme Court · 1882

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3Cited by16 opinions

  1. In Re Estate of FraserMichigan Supreme Court · 1939
  2. Sparta Foundry Co. v. Michigan Public Utilities CommissionMichigan Supreme Court · 1936
  3. Valentine v. MaloneMichigan Supreme Court · 1934
  4. Smolenski v. Kent Probate JudgeMichigan Supreme Court · 1942
  5. Martin v. FavellMichigan Supreme Court · 1955

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