Legal Opinion
Eipper v. Benner
Michigan Supreme Court
Decided May 25, 1897PublishedCited by 3 opinions
Error to Calhoun; Smith, J. Mary Eipper and Julius Nagel presented a claim against the estate of Chris Ered Vogel, deceased, for money alleged to have been held in trust for them. The claim was allowed by the probate judge, acting as commissioner, and Mary E. Benner, administratrix of the estate, appealed to the circuit court. From a judgment disallowing the claim, claimants bring error.
1Opinion of the CourtHooker, J.
In a proceeding before the probate judge of Calhoun county, acting as commissioner, the claim of the claimants was allowed. Upon appeal the circuit judge reversed the case, and disallowed the ciaim. His finding states the facts, and is given in full:
“(1) Claimants are nephew and niece of Mary Vogel, who was the wife of Chris Fred Vogel, deceased. Julius was born in May, 1866, and his sister, Mary, is about two years younger. They are the children of a deceased brother of Mary Vogel, and were left orphans in the State of Mississippi, but at what time is not disclosed by the proof, but at a…
2Cases cited10 opinions
- People ex rel. Campau v. Circuit CourtMichigan Supreme Court · 1863
- Wheeler v. ArnoldMichigan Supreme Court · 1874
- Chadwick v. ChadwickMichigan Supreme Court · 1886
- Bostwick v. MahaffyMichigan Supreme Court · 1882
- Bowker v. JohnsonMichigan Supreme Court · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Estate of Devries v. HawkinsNebraska Supreme Court · 1903
- Pitcher v. Rogers' EstateMichigan Supreme Court · 1917
- Economy v. RobertsMichigan Supreme Court · 1936