Rice v. Wilson
Michigan Supreme Court
Error to Jackson; Peck, J. William J. Rice presented a claim against the estate of John C. Bader, deceased, on a guardian’s bond. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. From a judgment for claimant, May E. Wilson, administratrix of said estate, brings error. This case was tried before the court without a jury, and a finding of facts and law made.
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Error to Jackson; Peck, J. William J. Rice presented a claim against the estate of John C. Bader, deceased, on a guardian’s bond. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. From a judgment for claimant, May E. Wilson, administratrix of said estate, brings error. This case was tried before the court without a jury, and a finding of facts and law made. The facts found are substantially as follows: The father and mother of claimant, William J. Rice, were killed in a railroad accident in 1879. Suit was brought against the railroad company, and a…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The law did not require notice of the final hearing of the account of Miss Rogers as guardian to be given to the sureties. The judgment rendered by the probate court is conclusive and binding upon them, in the absence of collusion or fraud. The bonds of executors, administrators, and guardians are placed by the courts upon a different basis from those given by sheriffs, treasurers, etc., for the performance of their duties. The distinction is probably based upon the theory that the former are intrusted with estates which are -under the control of the courts; that…
2Cases cited1 opinion
- Meyer v. BarthWisconsin Supreme Court · 1897
3Cited by14 opinions
- Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
- In Re DemingWashington Supreme Court · 1937
- Aetna Accident & Liability Co. v. LangleySupreme Court of Oklahoma · 1918
- United States Fidelity & Guaranty Co. v. ParkerWyoming Supreme Court · 1912
- In Re Kostohris' EstateMontana Supreme Court · 1934
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