Seilnacht v. Wayne Probate Judge
Michigan Supreme Court
Certiorari to Wayne; Webster, J. Mandamus by Frieda Seilnacht and another to compel Edgar 0, Durfee, probate judge of Wayne county, to revive the commission on claims of the estate of Therese Mueller, deceased. From an order granting the writ, defendant brings certiorari. August 2, 1913, a petition for the appointment of an administrator of the estate of Therese Mueller was filed in the probate court for Wayne county.
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Certiorari to Wayne; Webster, J. Mandamus by Frieda Seilnacht and another to compel Edgar 0, Durfee, probate judge of Wayne county, to revive the commission on claims of the estate of Therese Mueller, deceased. From an order granting the writ, defendant brings certiorari. August 2, 1913, a petition for the appointment of an administrator of the estate of Therese Mueller was filed in the probate court for Wayne county. Pursuant to the prayer of such petition Emil W. Snyder was duly appointed, and on September 10, 1913, commissioners on claims in said estate were appointed. They filed their…
1Opinion of the CourtFellows, J.
(after stating the facts). The learned probate judge denied the petition to revive the com*538mission on claims solely on the ground that he had no discretion in the matter. The correctness of his decision is the only question submitted on this record. The statute in question, section 13870, 3 Comp. Laws 1915, provides :
“On the application of a creditor who has failed to present his claim, if made at any time before the estate is closed, the judge of probate may revive the commission and allow further time not exceeding one month, for such creditor to present his claim to the commissioners. When…
2Cases cited5 opinions
- Ogooshevitz v. ArnoldMichigan Supreme Court · 1917
- Showers v. RobinsonMichigan Supreme Court · 1880
- Hart v. Circuit Judge for Shiawassee CountyMichigan Supreme Court · 1885
- Heavenrich v. Nichols' EstateMichigan Supreme Court · 1897
- Bresler v. Wayne Probate JudgeMichigan Supreme Court · 1908
3Cited by10 opinions
- Lawrence v. DeboerMichigan Supreme Court · 1935
- In Re Estate of JeffersMichigan Supreme Court · 1935
- National Surety Co. v. Thayer's EstateMichigan Supreme Court · 1920
- Kangas v. LefkoMichigan Supreme Court · 1963
- Goik v. Wayne Circuit JudgeMichigan Supreme Court · 1929
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