Harris v. Bow
Michigan Supreme Court
Appeal from St. Clair; Law, J. Bill by Edward W. Harris, administrator de bonis non with the will annexed, of the estate of Samuel Dunbar, deceased, against Frances Bow, Wealthy Sherman, Margaret D. Parkhurst, Marietta D. Annis, George B. Tunningly and Jeanetta L. Tunningly for a construction of said will. From an order overruling a demurrer to the bill, defendants Tunningly appeal.
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Appeal from St. Clair; Law, J. Bill by Edward W. Harris, administrator de bonis non with the will annexed, of the estate of Samuel Dunbar, deceased, against Frances Bow, Wealthy Sherman, Margaret D. Parkhurst, Marietta D. Annis, George B. Tunningly and Jeanetta L. Tunningly for a construction of said will. From an order overruling a demurrer to the bill, defendants Tunningly appeal. From a decree overruling a demurrer to the bill filed in this case, the defendants Tunningly appeal. The bill-sets forth that one Samuel Dunbar died testate in 1877, leaving surviving as his heirs at law three…
1Opinion of the CourtGrant, J.
(after stating the facts). The defendants Parkhurst and Annis, while nominal defendants, are really complainants, for in their answer they ask the same relief that the complainant asks by his bill. This suit is evidently instituted in their interest and an administrator appointed for that purpose. The bill does not allege that the estate was not closed by the executors named in the will, who have long since died. Presumptively the probate court and the executors did their duty and settled the estate. Presumptively there are no creditors. These pre*31sumptions follow after the lapse of 30 years,…
2Cases cited1 opinion
- Warren v. WarrenMichigan Supreme Court · 1908
3Cited by2 opinions
- Diem v. DrogmillerMichigan Supreme Court · 1909
- Title Guaranty & Surety Co. v. Ætna Indemnity Co.Michigan Supreme Court · 1911