Elwell v. Pierce
Michigan Supreme Court
Cross-appeals from Kalamazoo; Weimer, J. Bill by Hubert Elwell, administrator of the estate of Jeanette Parish, deceased, and others against Julia Pierce and others. Defendants demurred to the bill and filed a cross-bill to which plaintiffs demurred. From a decree dismissing the bill and cross-bill, all parties appeal.
1Opinion of the CourtBrooke, J.
(after stating the facts). The first question that challenges our attention in the consideration of this case is the question of jurisdiction. It is urged by counsel for the defendants that the equity court is not the proper forum in which to bring this action, because, as it is said in their brief:
“There is nothing in this case to take it out of the general rule of claims against the estate of deceased persons.”
This bill is filed by the administrator and the heirs of Jeanette Parish to enable the administrator of the estate to marshal the assets of the estate and to bring such assets into…
2Cases cited4 opinions
- Graham v. GrahamMichigan Supreme Court · 1912
- Grand Rapids Trust Co. v. NicholsMichigan Supreme Court · 1917
- Osborn v. City of Ann ArborMichigan Supreme Court · 1915
- Comstock v. DeaneMichigan Supreme Court · 1917