In re Young's Estate
Michigan Supreme Court
Case made from Calhoun; Hopkins, J. Elizabeth Young, administratrix with the will annexed of the estate of Christian Young, deceased, petitioned for the appointment of an administrator de bonis non with the will annexed of said estate. .The petition was granted in the probate court, and Christian Young and others appealed to the circuit court. There was judgment sustaining the order of the probate court, and contestants appeal.
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Case made from Calhoun; Hopkins, J. Elizabeth Young, administratrix with the will annexed of the estate of Christian Young, deceased, petitioned for the appointment of an administrator de bonis non with the will annexed of said estate. .The petition was granted in the probate court, and Christian Young and others appealed to the circuit court. There was judgment sustaining the order of the probate court, and contestants appeal. The question involved in this litigation is the right of the probate court to appoint an administrator de bonis non with the will annexed. The case upon appeal from…
1Opinion of the CourtGrant, J.
{after stating the facts). That part of the •order of the probate court of January 2, 1885 (the adjourned day for hearing the account of December 11, 1884), reciting that she was discharged as administratrix; must be treated as a nullity. The court had no jurisdiction to make such an order. There was nothing in her account justifying her final discharge. Undoubtedly it was an oversight in entering the order. The same court -afterwards treated it as a nullity in ordering and allowing a second annual account.
The meritorious question is that involving the statute of limitations. She promptly…
2Cases cited3 opinions
- Winegar v. NewlandMichigan Supreme Court · 1880
- Biddle v. Wendell ex rel. RichardsMichigan Supreme Court · 1877
- Hoffman v. BeardMichigan Supreme Court · 1875
3Cited by3 opinions
- In Re Howlett's EstateMichigan Supreme Court · 1936
- In re Van Syckle's EstateMichigan Supreme Court · 1918
- Howlett v. AndersonMichigan Supreme Court · 1936