More v. Luther
Michigan Supreme Court
Error to Kent; Wolcott, J. John E. More, administrator of the estate of Andrew K. Colburn, deceased, presented a claim against the estate of Reuben H. Colburn, deceased, for services rendered and for property wrongfully converted. The claim was allowed by the commissioners, and George E. Luther, ancillary administrator of said estate, appealed to the circuit court. There was judgment for claimant, and defendant brings error.
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Error to Kent; Wolcott, J. John E. More, administrator of the estate of Andrew K. Colburn, deceased, presented a claim against the estate of Reuben H. Colburn, deceased, for services rendered and for property wrongfully converted. The claim was allowed by the commissioners, and George E. Luther, ancillary administrator of said estate, appealed to the circuit court. There was judgment for claimant, and defendant brings error. Reuben H. Colburn, deceased, was the father of Andrew K. Colburn, deceased. Reuben had other children, viz., two daughters somewhat younger than Andrew. Andrew was born…
1Opinion of the CourtCarpenter, J.
(after stating the facts). 1. The first and most important question raised in this case is whether there was any testimony which warranted the claim for services to be submitted to the jury. As we have already stated, the testimony indicating that the farm had been conveyed to Andrew must be disregarded. That issue was determined against the heirs of Andrew in another suit.
Statements made by Reuben and his wife that Andrew should have the farm at their death were testified to by many witnesses. Some of these statements were made in the presence of Andrew, some of them when he was not present.…
2Cases cited11 opinions
- In re Williams' EstateMichigan Supreme Court · 1895
- Allen v. McKibbinMichigan Supreme Court · 1858
- Cheever v. NorthMichigan Supreme Court · 1895
- Sammon v. WoodMichigan Supreme Court · 1895
- Mason v. DunbarMichigan Supreme Court · 1880
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3Cited by12 opinions
- In re De Haan's EstateMichigan Supreme Court · 1912
- McInerney v. Detroit Trust Co.Michigan Supreme Court · 1937
- Jones v. TurnerMichigan Supreme Court · 1930
- Weessies v. Van Dykes EstateMichigan Supreme Court · 1909
- Howard v. PulverMichigan Supreme Court · 1951
7 more not listed; retrieve them via the Exa API.