In re Flynn's Estate
Michigan Supreme Court
Appeal from' Dickinson; Flannigan, J. John Friedrich applied to the circuit court for the county of Dickinson, in chancery, for an order to sell the real estate of May Flynn and three other infants, and was appointed guardian and required to give a bond, pursuant to 1 Comp. Laws, § 536. Sale was made under the order of the court. After a period of ten years had elapsed the guardian reported the sale to the court for confirmation.
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Appeal from' Dickinson; Flannigan, J. John Friedrich applied to the circuit court for the county of Dickinson, in chancery, for an order to sell the real estate of May Flynn and three other infants, and was appointed guardian and required to give a bond, pursuant to 1 Comp. Laws, § 536. Sale was made under the order of the court. After a period of ten years had elapsed the guardian reported the sale to the court for confirmation. From an order confirming said sale, May Williams, née Flynn, personally and as guardian of the remaining infants, appeals. Upon the application of May Flynn, an…
1Opinion of the CourtOstrander, J.
(after stating the facts). The statute (1 Comp. Laws, § 534) requires an application for the sale of real estate of an infant to be made by the guardian of the infant, if there be one, and, if not, then by a next friend authorized to act as such by the court. There is the proviso that, if the application be made by an infant — as distinguished from an idiot or lunatic — the appointment of a next friend shall be made on his petition, but, before authorizing a next friend to act for him, the court shall require proof that the parents, or other near relatives if he have no parents, have…
2Cases cited1 opinion
- In re AxtellMichigan Supreme Court · 1893
3Cited by1 opinion
- Taylor v. S. S. Kresge Co.Michigan Supreme Court · 1950