In Re Metcalf's Estate

Michigan Supreme Court

In Re Metcalf's Estate

270 N.W. 239, 278 Mich. 122

CourtMichigan Supreme Court

DecidedDecember 9, 1936

DocketCalendar 38,937

StatusPublished

Cited by1 cases

This text of 270 N.W. 239 (In Re Metcalf's Estate) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Metcalf's Estate, 270 N.W. 239, 278 Mich. 122 (Mich. 1936).

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Opinion

Toy, J.

This is an appeal in the nature of mandamus, in which appellant seeks our writ to compel the circuit court to set aside its order dismissing his appeal from an allowance, by the probate court, of the claims of Bertha E. Turner and Stanley N. Turner against the above estate, of which appellant is executor.

In Re Metcalf’s Estate, ante, 113, we granted our writ of mandamus to compel the allowance of a delayed appeal arising out of the same matter. Therefore, the remedy here sought becomes unnecessary. The writ is denied, with costs to appellees.

North, C. J., and Fead, Wiest, Butzel and Bushnell, JJ., concurred. Sharpe and Potter, JJ., did not sit.

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Toy, J.

This is an appeal in the nature of mandamus, in which appellant seeks our writ to compel the circuit court to set aside its order dismissing his appeal from an allowance, by the probate court, of the claims of Bertha E. Turner and Stanley N. Turner against the above estate, of which appellant is executor.

In Re Metcalf’s Estate, ante, 113, we granted our writ of mandamus to compel the allowance of a delayed appeal arising out of the same matter. Therefore, the remedy here sought becomes unnecessary. The writ is denied, with costs to appellees.

North, C. J., and Fead, Wiest, Butzel and Bushnell, JJ., concurred. Sharpe and Potter, JJ., did not sit.

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Bluebook (online)

270 N.W. 239, 278 Mich. 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-metcalfs-estate-mich-1936.

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