In re Quinn's Estate
Michigan Supreme Court
Error to Shiawassee; Collingwood, J., presiding. George E. Pardee presented a petition to the probate court for the county of Shiawassee asking for the allowance out of the estate of Bridget Quinn, deceased, of the fees of several attorneys employed to sustain and to contest the probate of decedent’s will.
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Error to Shiawassee; Collingwood, J., presiding. George E. Pardee presented a petition to the probate court for the county of Shiawassee asking for the allowance out of the estate of Bridget Quinn, deceased, of the fees of several attorneys employed to sustain and to contest the probate of decedent’s will. From an order allowing the prayer of the petitioner, Gustav F. Friegel, special administrator of said estate, and Frank McCartney appealed to the circuit court which affirmed the allowance of said fees; they bring error.
1Opinion of the CourtKuhn, J.
The question involved in this case is the construction to be given the statute regarding costs in probate proceedings, being section 681, 1 Comp. Laws (5 How. Stat. [2d Ed.] §12129), which reads as follows:
“In all cases that shall be contested, either in the probate court or in the circuit court, such court may award costs to either party, in its discretion, to be paid by the other, or to be paid out of the estate which is the subject of the controversy, as justice and equity shall require.”
A petition was filed in the probate court of Shiawassee county for the allowance of the will of Bridget…
2Cases cited12 opinions
- Toms v. WilliamsMichigan Supreme Court · 1879
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