Legal Opinion

Brown v. Forsche

Michigan Supreme Court

Decided June 11, 1880PublishedCited by 40 opinions

Error to Washtenaw. Appeal from an order of the Probate Court directing the administrator of the estate of John Miller to pay certain claims. The administrator brings error. One who claims exemption from the bar of a statute limiting the proof of claims against an estate, must show proper diligence, Lacey v. Loughridge SI la. 629; Brewster v. Kendrick 17 la. 481; in chancery a creditor who has failed to prove his claim within the time limited must show no laches, 2 Dan.

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Error to Washtenaw. Appeal from an order of the Probate Court directing the administrator of the estate of John Miller to pay certain claims. The administrator brings error. One who claims exemption from the bar of a statute limiting the proof of claims against an estate, must show proper diligence, Lacey v. Loughridge SI la. 629; Brewster v. Kendrick 17 la. 481; in chancery a creditor who has failed to prove his claim within the time limited must show no laches, 2 Dan. Ch. Pr. 1204; Waltham Bank v. Wright 8 Allen 121; Bemis v. Bemis 13 Gray 559; Bigelow v. Bemis 2 Allen 496; where an…

1Opinion of the CourtCooley, J.

The record in this case presents the following state of facts:

John Miller, a resident of Washtenaw county, died intestate November 7,1872, leaving a widow and children, and real and personal estate to be administered. April 8, 1873, on petition of one of the children, and after due publication of notice, Jacob Brown the plaintiff in error was duly appointed administrator on the estate of said intestate, and gave bond and took upon himself the trust. On the same day commissioners were appointed by the judge of probate for the county of Washtenaw to examine and adjust the claims against said…

2Cases cited8 opinions

  1. Howard v. PatrickMichigan Supreme Court · 1878
  2. Holbrook v. CookMichigan Supreme Court · 1858
  3. Babbitt v. BowenSupreme Court of Vermont · 1859
  4. Carter v. OwensSupreme Court of Alabama · 1867
  5. Poole v. MundayMassachusetts Supreme Judicial Court · 1869

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3Cited by40 opinions

  1. In the Matter of LaFlureMichigan Court of Appeals · 1973
  2. Broderick v. ReidSupreme Court of Georgia · 1927
  3. In re Mower's appealMichigan Supreme Court · 1882
  4. Brooks v. HargraveMichigan Supreme Court · 1914
  5. Griffin v. WarburtonWashington Supreme Court · 1900

35 more not listed; retrieve them via the Exa API.

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