R. L. Aylward Coal Co. v. Luyckx

The sole question presented in the instant case is whether a court of chancery is the proper forum in which to determine and enforce the rig-hts of a claimant under an alleged lost, destroyed, or suppressed will that has not been probated in accordance with 3 Comp. Laws 1929, § 15547.

The pleadings show that the Aylward Coal Company occupied premises in Detroit leased from Elizabeth Aylward, now deceased. Upon the latter’s death, her niece, Helen Aylward Luyckx, representing herself to be the sole heir of decedent, petitioned the probate court for the county of Wayne for the appointment of her…