In re Emmons' Estate
Michigan Supreme Court
Error to Lapeer; Smith, J. William Gaskill, administrator de bonis non of the estate of B. Ridgeway Emmons, deceased, filed a petition for the sale of certain real estate for the payment of claims allowed against said estate. The petition was granted, and Henry B. Lippincott appealed to the circuit court.
Read the full summary
Error to Lapeer; Smith, J. William Gaskill, administrator de bonis non of the estate of B. Ridgeway Emmons, deceased, filed a petition for the sale of certain real estate for the payment of claims allowed against said estate. The petition was granted, and Henry B. Lippincott appealed to the circuit court. There was judgment affirming the order of the probate court, and contestant brings error'. An administrator de bonis non of the estate of B. Ridge-way Emmons was appointed, upon whose petition, showing debts unpaid, an order was granted by the probate court of Lapeer county for the salé of…
1Opinion of the CourtOstrander, J.
(after stating the facts). While lands of an intestate deceased person descend subject to his debts (3 Comp. Laws, § 9064), an interest or estate may exist in such lands or in a part of them superior immediately to the rights of creditors. The Constitution provides :
“If the owner of a homestead die, leaving a widow, but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.” Article 16, § 4.
This court has held that this homestead right attaches whether the…
2Cases cited7 opinions
- Showers v. RobinsonMichigan Supreme Court · 1880
- Eagle v. SmylieMichigan Supreme Court · 1901
- Zoellner v. ZoellnerMichigan Supreme Court · 1884
- Dei v. HabelMichigan Supreme Court · 1879
- Koster v. GellenMichigan Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Freeman v. IngersonMichigan Supreme Court · 1906