In re the Estate of Lambie
Michigan Supreme Court
Error to Wayne. (Gartner, J) Appeal by an heir and residuary legatee from an order of the circuit court, affirming the order of the probate court, allowing a special administrator with general powers to mortgage real estate to pay a mortgage thereon. The facts are stated in the opinion.
1Opinion of the CourtMcGrath, J.
A special administrator has been appointed of the estate of Anne Lambie, deceased. He found no personal estate, and but one parcel of real estate, valued at $60,000, which was incumbered by two mortgages, — the first of $12,000, and the second of $5,000. The second had been foreclosed by advertisement, the sale having been made May 11, 1891. The equity of redemption would expire May 11, 1892. This mortgage was not given by decedent, and was not therefore a personal debt owed by her. In March, 1892, the special administrator petitioned the probate court for license to mortgage the real estate…
2Cases cited2 opinions
- Lockhart v. Van AlstyneMichigan Supreme Court · 1875
- Elwood v. DeifendorfNew York Supreme Court · 1848
3Cited by10 opinions
- H. G. Kilbourne Co. v. Standard Stamp Affixer Co.Massachusetts Supreme Judicial Court · 1913
- Brock's Assigned Estate (No. 1)Supreme Court of Pennsylvania · 1933
- Draper v. BrownMichigan Supreme Court · 1908
- Long v. LandmanMichigan Supreme Court · 1898
- Mertz v. BerryMichigan Supreme Court · 1894
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