Andrews v. Bassett
Michigan Supreme Court
Error to Wayne. (Gartner, J.) Appeal of defendant from an order of the probate court refusing to confirm the election by the guardian of an incompetent widow to take under the statute rather than the will of her husband, and assigning the residue of the testator's estate. Plaintiffs bring error. The facts are stated in the opinion, and in 87 Mich. 167.
1Opinion of the CourtMcGrath, J.
The facts in this case are fully set forth in Bassett v. Durfee, 87 Mich. 167, which was an application for a mandamus pending this controversy, and their repetition here is unnecessary. The sole question is whether an election made by the guardian for an incompetent widow, to take under the statute, instead of *451under the will of her deceased husband, made with the consent of the probate court, is a valid election.
In England, formerly at least, courts of chancery had •exclusive jurisdiction over the persons and estates of incompetent persons. All guardians were appointed by that court, and it…
2Cases cited7 opinions
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
- State ex rel. Martin v. UelandSupreme Court of Minnesota · 1883
- Collins v. CarmanCourt of Appeals of Maryland · 1853
- People ex rel. Campau v. Circuit CourtMichigan Supreme Court · 1863
- Smither v. Smither'sCourt of Appeals of Kentucky · 1872
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3Cited by30 opinions
- Burgess v. Jackson Circuit JudgeMichigan Supreme Court · 1930
- L. A. Young Spring & Wire Corp. v. FallsMichigan Supreme Court · 1943
- Mead v. PhillipsCourt of Appeals for the D.C. Circuit · 1943
- Nolan v. GarrisonMichigan Supreme Court · 1909
- Brooks v. HargraveMichigan Supreme Court · 1914
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