In re Simon's Estate
Michigan Supreme Court
Case made from Kent; Perkins, J.. Petition by Mathias Simon to share in the distribution of the estate of Joseph Simon, deceased. The petition was denied in the probate court, and petitioner appealed to the circuit court. A judgment affirming the order of the probate court is reviewed by petitioner on a case made.
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Case made from Kent; Perkins, J.. Petition by Mathias Simon to share in the distribution of the estate of Joseph Simon, deceased. The petition was denied in the probate court, and petitioner appealed to the circuit court. A judgment affirming the order of the probate court is reviewed by petitioner on a case made. On June 29, 1874, the day that Mathias Simon was 21 years old, his father, Joseph Simon, paid to him $1,000, and Mathias executed and delivered to his father a writing here set out: “ Byron, Kent County, Michigan, June 29th, 1874. “I, Mathias Simon, of Jamestown, Ottawa county and…
1Opinion of the CourtOstrander, J.
(after stating the facts). This court has never decided, and it seems has not before had presented for decision, the precise question which is involved. It is claimed that upon the authority of First Nat. Bank of Durand v. Phillpotts, 155 Mich. 331 (119 N. W. 1), it must be held that the instrument executed by Mathias is ineffectual to bar his right to a share of the real estate. But in that case it did not appear that the alleged advancement was asserted in probate court, which court is expressly authorized (3 Comp. Laws, § 9457) to determine all questions as to advancements made or alleged…
2Cases cited10 opinions
- Haynes v. . RuddNew York Court of Appeals · 1886
- Quarles v. QuarlesMassachusetts Supreme Judicial Court · 1808
- Jones v. JonesSupreme Court of Iowa · 1877
- McCall's Adm'r v. HamptonCourt of Appeals of Kentucky · 1895
- Simpson v. SimpsonIllinois Supreme Court · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Martin v. MartinCourt of Appeals of Texas · 1920
- Stein v. MeyerWisconsin Supreme Court · 1931
- Pylant v. BurnsSupreme Court of Georgia · 1922
- In Re Sutherby EstateMichigan Court of Appeals · 1981
- In Re Zinke's EstateMichigan Supreme Court · 1926
8 more not listed; retrieve them via the Exa API.