In re Mayer's Estate
Michigan Supreme Court
Error to Calhoun; North (Walter H.), J. Alice Rogers presented a claim against the estate-of Frederick Mayer, deceased, for services .rendered. Deceased left no known heirs, and Alex. J. Groesbeck, attorney general, entered appearance under the statute. The claim was allowed in part by the commissioners, and the attorney general appealed to the circuit court. Judgment for claimant. Contestant brings error.
1DissentClark, J.
The period covered by plaintiff’s claim for services was 10 years immediately preceding Mayer’s death. For a period of 12 years immediately preceding Mayer’s death plaintiff had been wholly abandoned and unsupported by her husband. With the cause of the separation of this husband and wife we are not concerned. Because of the abandonment of plaintiff by her husband and his entire failure to support her she was free to work and receive wages, and to contract as to her services. That a wife might become emancipated from the disability of coverture respecting her earnings was recognized. In re…
2Cases cited10 opinions
- In re Williams' EstateMichigan Supreme Court · 1895
- Sammon v. WoodMichigan Supreme Court · 1895
- Carstens v. HanselmanMichigan Supreme Court · 1886
- Luizzi v. Brady's EstateMichigan Supreme Court · 1905
- Lammiman v. Detroit Citizens' Street Railway Co.Michigan Supreme Court · 1897
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