In Re Olney's Estate

I concur with Mr. Justice Sharpe in affirming the judgment in favor of Edwin E. Ben-nett, but I am not in accord with my Brother’s holding that there can be no recovery in the suit brought by Edwin E. Bennett as administrator of the estate of Margaret B. Bennett, deceased.

Act No. 297, Pub. Acts 1939 (Comp. Laws Supp. 1940, § 14061 et seq., Stat. Ann. 1943 Cum. Supp. § 27.711 et seq.), does not repeal, but instead only amends, our so-called death act. 3 Comp. Laws 1929, § 14061 et seq. (Stat. Ann. § 27.711 et seq.). Nor does the 1939 act repeal our so-called survival statute (3 Comp. Laws…