Legal Opinion

Cheever v. Ellis

Michigan Supreme Court

Decided July 3, 1906No. Docket No. 36PublishedCited by 8 opinions

Appeal from Washtenaw; Kinne, J. Supplemental bill by Noah W. Cheever, individually •and as special administrator of the estate of Leonhard Gruner, deceased, and others, against Caroline P. Ellis, individually and as executrix of the last will and testament of Joseph J. Ellis, deceased, Hudson P. Ellis, and John J. Ellis, for an accounting. From an order overruling a demurrer, defendants appeal.

1Opinion of the CourtMontgomery, J.

The original bill in this case was filed by Cheever, as administrator of the estate of Leon-hard Gruner, and by the bondsmen of Leonhard Gruner, given as executor of the last will and testament of Joseph J. Ellis. The bill was filed against Caroline P. Ellis, co-executor with Gruner, and Hudson P. Ellis and John A. Ellis, legatees named in the will of Joseph J. Ellis, and prayed an accounting of Gruner’s transactions as executor. The answer and cross-bill sought to surcharge Gruner’s estate with certain items lost through his neglect. On the hearing in this court the account of Gruner was so…

2Cases cited14 opinions

  1. In Re the Accounting of NilesNew York Court of Appeals · 1889
  2. Hall v. CarterSupreme Court of Georgia · 1850
  3. Nanz v. . OakleyNew York Court of Appeals · 1890
  4. Cocks v. . HavilandNew York Court of Appeals · 1891
  5. Cheever v. EllisMichigan Supreme Court · 1903

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3Cited by8 opinions

  1. McDannel v. BlackMichigan Supreme Court · 1935
  2. Southern Surety Co. v. TessumSupreme Court of Minnesota · 1929
  3. Hill v. HillNew Jersey Superior Court Appellate Division · 1912
  4. In Re Tolfree EstateMichigan Supreme Court · 1956
  5. Estate of WhitneyCalifornia Court of Appeal · 1932

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