Legal Opinion

Pratt v. Millard

Michigan Supreme Court

Decided September 10, 1908No. Docket No. 18PublishedCited by 8 opinions

Appeal from Grand Traverse; Davis, J., presiding. Bill by Sarah E. Pratt,'special administratrix of the estate of Delia Stata, deceased, against Hattie A. Millard to set aside certain deeds. From a decree dismissing the bill, complainant appeals. The purpose of the bill of complaint in this cause is to set aside two deeds, alleged to have been obtained through fraud and undue influence on the part of the defendant, the grantee, and the mental incapacity of the grantor.

Read the full summary

Appeal from Grand Traverse; Davis, J., presiding. Bill by Sarah E. Pratt,'special administratrix of the estate of Delia Stata, deceased, against Hattie A. Millard to set aside certain deeds. From a decree dismissing the bill, complainant appeals. The purpose of the bill of complaint in this cause is to set aside two deeds, alleged to have been obtained through fraud and undue influence on the part of the defendant, the grantee, and the mental incapacity of the grantor. The grantor was one Delia Stata. One deed was executed November 4, 1898, and the other February 8, 1899. Mrs. Stata died…

1Opinion of the CourtGrant, C. J.

(after stating the facts). Upon the hearing and argument in the court below, and as well in this court, the counsel for complainant insisted that she was entitled to maintain the bill in her capacity as special administratrix. He did not and does not now claim that complainant represented herself or the heirs at law in any other capacity than as administratrix. There is no alle*114gation in the bill that it was filed in the interest of creditors. Neither was there any offer to show that there were any creditors of the estate. An administrator, either general or special, has no interest in the…

2Cases cited4 opinions

  1. O'Connor v. BoylanMichigan Supreme Court · 1882
  2. Rough v. WomerMichigan Supreme Court · 1889
  3. Kellogg v. BeesonMichigan Supreme Court · 1885
  4. Gray v. EldredMichigan Supreme Court · 1906

3Cited by8 opinions

  1. Howes v. BarneyMichigan Supreme Court · 1917
  2. Dodds v. PurdyMichigan Supreme Court · 1936
  3. In Re Chipman's EstateMichigan Supreme Court · 1926
  4. In Re Thompson's EstateMichigan Supreme Court · 1928
  5. In re Stetson's EstateMichigan Supreme Court · 1915

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API