In re Service's Estate
Michigan Supreme Court
Error to Macomb; Erskine, J. Andrew Harvey, executor of the last will and testament of John Service, deceased, presented his final account in the probate court and asked for an order of distribution under the will. The probate court made an order allowing the widow to take under the statute, and the executor appealed to the circuit court. There was judgment sustaining the order of the probate court, and the executor brings error.
1Opinion of the CourtMcAlvay, J.
John Service died testate in Macomb county in February, 1906, leaving a widow surviving him and no children. His estate, consisting entirely of personal property, was appraised at the sum of $6,705.12. The only provision made for his widow in his will was a money legacy of $1,000. The will was probated, and Andrew Harvey, the appellant, named in the will as executor and residuary legatee, qualified as executor and is still acting in that capacity. During the administration of the estate, the widow caused to be filed in writing her election to take, under the statute of distributions of this…
2Cases cited3 opinions
- Andrews v. BassettMichigan Supreme Court · 1892
- Wildey v. CraneMichigan Supreme Court · 1886
- Hackley v. Muskegon Circuit JudgeMichigan Supreme Court · 1885
3Cited by6 opinions
- Vanderlinde v. Bankers Trust Co.Michigan Supreme Court · 1935
- Foley v. Grand Rapids & Indiana Railway Co.Michigan Supreme Court · 1909
- In re National Grocer Co.Court of Appeals for the Sixth Circuit · 1910
- In Re Estate of CareySupreme Court of Minnesota · 1935
- Carey v. BrownSupreme Court of Minnesota · 1935
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