Heavenrich v. Nichols' Estate
Michigan Supreme Court
Error to Shiawassee; Smith, J. Samuel Heavenrich and another, copartners, presented a claim against the estate of Amos W. Nichols, deceased. The claim was disallowed by the commissioners, and claimants appealed to the circuit court. From a judgment for claimants on verdict directed by the court, the administrator brings error. Mr. Nichols died January 11, 1890, intestate. An administrator was duly appointed. March 3, 1890, commissioners were appointed to hear claims.
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Error to Shiawassee; Smith, J. Samuel Heavenrich and another, copartners, presented a claim against the estate of Amos W. Nichols, deceased. The claim was disallowed by the commissioners, and claimants appealed to the circuit court. From a judgment for claimants on verdict directed by the court, the administrator brings error. Mr. Nichols died January 11, 1890, intestate. An administrator was duly appointed. March 3, 1890, commissioners were appointed to hear claims. September 9, 1890, the commissioners filed their report. August 29, 1895, claimants presented a petition to the judge of…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It is contended that the probate court obtained no jurisdiction to make the order reviving the commission, .because no notice was served upon the administrator, heirs, or creditors. The revival of the commission at any time before the estate is closed is a matter of right, and not of discretion. Therefore no notice was necessary. 2 How. Stat. § 5894; Hart v. Shiawassee Circuit Judge, 56 Mich. 592.
2. It is also urged as a fatal objection that no notice was served upon the heirs or creditors of the estate. The record does not show upon whom the commissioners *510served…
2Cases cited3 opinions
- Bacon v. PerkinsMichigan Supreme Court · 1894
- Hart v. Circuit Judge for Shiawassee CountyMichigan Supreme Court · 1885
- Jenks v. BlackMichigan Supreme Court · 1893
3Cited by10 opinions
- Ogooshevitz v. ArnoldMichigan Supreme Court · 1917
- In Re Estate of JeffersMichigan Supreme Court · 1935
- Draper v. BrownMichigan Supreme Court · 1908
- Seilnacht v. Wayne Probate JudgeMichigan Supreme Court · 1918
- Stockwell v. SedinaMichigan Supreme Court · 1912
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