In Re Metcalf's Estate

The appellant, executor of the estate of John Wesley Metcalf, deceased, seeks our writ of mandamus to set aside an order made by the circuit court, denying his petition for delayed appeal from the order of the probate court of Tuscola county, allowing claims of Stanley Turner and Bertha E. Turner against the estate.

Bertha E. Turner is the wife of Stanley Turner, and filed her claim against the estate for damages arising from personal injuries sustained by her while a guest passenger in the automobile of the deceased, at a time when a collision occurred between such car and another.

It was her…