White v. Spaulding

14 N.W. 684, 50 Mich. 22, 1883 Mich. LEXIS 703
CourtMichigan Supreme Court
DecidedJanuary 17, 1883
StatusPublished
Cited by14 cases

This text of 14 N.W. 684 (White v. Spaulding) 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
White v. Spaulding, 14 N.W. 684, 50 Mich. 22, 1883 Mich. LEXIS 703 (Mich. 1883).

Opinions

Cooley, J.

This case comes before us on certiorari to review proceedings which have been had in the probate court for the county of Alpena, and afterwards in the circuit court on appeal, to remove the respondent from the office of administrator of the estate of William White deceased, and which resulted in an order for his removal.

Without going into the evidence in the case, which is set out in full in the record, it will be sufficient for our purposes to state the facts as they appeared of record in the probate court at the time the administrator was called upon co make answer to the charges against him.

William White, it appears, was a resident of the State of Massachusetts, and died in that state in 1873. He left sur[24]*24viving him Eliza White, his widow, and a daughter, his sole heir at law, both of whom then resided and still reside in Massachusetts. The respondent, very soon after the death of William White, was appointed administrator in the state of Massachusetts, and on the supposition that there was property belonging to the estate in the county of Alpena, letters of administration were taken out by the respondent in that county also. That administration was of course -ancillary to the administration in Massachusetts. If there was any such property, no inventory was ever made of it and filed in the probate court. The reasons for this we could only obtain from the evidence, and into that we do not go; merely stating the fact that up to the time when the petition for removal was filed there. was nothing of record to show that the ancillary administration had anything on which to act. A warrant had been issued to commissioners for proving claims, and the commissioners had made their report showing that none were proved, but the record did not show any order for the warrant. Neither did it show any application by creditors to prove claims in any way, or any orders by the probate court to expedite the proceedings of the administrator.

Such was the position of things when, on July 19, 1880, the following petition was presented in the probate court:

“ State of Michigan, County of Alpena — ss.
In the matter of the estate of William White, deceased.
To the Hon. J. D. Holmes, Judge of Probate for the county of Alpena, in the State of Michigan.
We, the undersigned, Eliza White, widow of the late Wm. White, of Boston, Massachusetts, and D. H. Bogers, of Boston, and Geo. N. Fletcher, of Detroit, principal creditors ■of the said White, deceased, ask that you will remove Bufus H. Spaulding, of Boston, who was appointed administrator •of the estate of said White, in 1873, by Obed Smith, Judge of Probate, for non-performance of his duty, and such other reasons as will be presented to you on the hearing thereof, .and to appoint, in his place, some other suitable person resident of the State of Michigan.
Eliza White,
D. H. Bogers,
Geo. N. Fletcher.”

[25]*25This petition was verified in general terms by Fletcher, and the judge of probate made an order for hearing upon it on August 14th following. The order directed that notice be given to all persons concerned by three weeks publication in an Alpena newspaper.

As this petition was the beginning of the present proceeding, it becomes important to know whether it was sufficient to invoke the jurisdiction of the court for the object at which it aimed. To render it sufficient for the purpose two things were essential: first, that it should be presented by parties interested in the proposed order; and second, that it should allege sufficient cause. Mere intruders have no business to interfere in the management of estates, and are not concerned with the shortcomings of those to whom their administration has been committed. Dowdy v. Graham 42 Miss. 451; Carroll v. Huie 21 La. Ann. 561.

The petitioners in this case represent themselves as being the widow and principal creditors. No question is made respecting the fact of Mrs. White being the widow, but it is denied that, as such, she had any apparent interest. If the intestate at the time of his death had been domiciled in this State, so that his personalty must be distributed according to our laws, and the widow under- the statute of distributions would have been interested in the property, no doubt could have arisen respecting her interest in the expediting of administration. Pace v. Oppenheim 12 Ind. 533; Evans v. Buchanan 15 Ind. 438. But in this case the intestate was domiciled at the time of his death in Massachusetts ; his widow, if entitled to personalty, will obtain it there and according to the laws of that state, and the wrong, if any is being done to her, is done there and by the respondent in his capacity of principal administrator, and not here in this mere ancillary proceeding. The impropriety of the widow coming to Michigan from Massachusetts, where she has her home, to complain of the administrator who also resides in Massachusetts, where her right to claim anything from him in his representative capacity is a right given and measured by and enforceable under the laws of Massachu[26]*26setts and in. its courts, seems too obvious to be enlarged' upon. And it is presumed that parties having substantial' grievances do not often go several hundred miles to a foreign jurisdiction for a justice which can be more properly as well as more completely awarded to them in the forum of' their domicile.

It is true that if real estate shall be discovered, belonging to the estate in Michigan, the widow will be entitled to-dower in it, but it is also true that she makes no allegation that there is such estate, and if there were any, she is under no necessity of awaiting the proceedings of the administrator to have dower assigned to her in it. His proceedings do not necessarily delay her in any way.

We need not remark upon the fact, which will probably not be contested, that there is a manifest propriety in having the principal and the ancillary administrations in the same hands, or at least not in hostile hands, and that if there is any substantial reason why this administrator should be removed, the Massachusetts court is prima facie the one to be appealed to. But for the purposes of this case it is sufficient for us to say that the widow shows or indicates no intei’est of her own to be subserved by the proposed order, or which is prejudiced by the action of the administrator.

The other petitioners claim to be principal creditors. The fact that they are such is left to stand upon their naked assertion without specification or explanation. What are their claims, and when did they accrue? Neither the-record nor the petition gives us any light on that subject. Under some systems of probate proceedings, differing from ours, and where the claims are not proved in the probate court, very slight showing of indebtedness to the petitioner would no doubt be sufficient, because it would not be expected that on the hearing of such a petition there should be a trial on disputed collateral facts; but under no system would a naked allegation that one was a creditor, without showing how or by what instrument or contract he became such, be sufficient. There should be at least a prima facie showing in any case. Gratacup v. Phyfe 1 Barb. Ch. 485; [27]*27Cotterell v. Brock 1 Redf. Sur. 148;

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Grant v. Fletcher
283 F. 243 (E.D. Michigan, 1922)
In re Berner's Estate
187 N.W. 377 (Michigan Supreme Court, 1922)
Northwestern Mut. Life Ins. v. Johnson
275 F. 757 (Eighth Circuit, 1921)
Wilkinson v. Nowers
217 Ill. App. 314 (Appellate Court of Illinois, 1920)
In re Estate of Stone
173 Iowa 371 (Supreme Court of Iowa, 1916)
Knight v. Hamakar
67 P. 107 (Oregon Supreme Court, 1901)
Stafford v. American Missionary Ass'n
22 Ohio C.C. 399 (Ohio Circuit Courts, 1901)
Fox v. Keister
6 Ohio N.P. 327 (Darke County Court of Common Pleas, 1899)
Missouri Pacific Railway Co. v. Bradley
71 N.W. 283 (Nebraska Supreme Court, 1897)
Cusick v. Hammer
36 P. 525 (Oregon Supreme Court, 1894)
Lafferty v. People's Savings Bank
43 N.W. 34 (Michigan Supreme Court, 1889)
Chicago, Burlington & Quincy Railway Co. v. Gould
20 N.W. 464 (Supreme Court of Iowa, 1884)
In re the Probate of the Will of Mousseau
14 N.W. 887 (Supreme Court of Minnesota, 1883)

Cite This Page — Counsel Stack

Bluebook (online)
14 N.W. 684, 50 Mich. 22, 1883 Mich. LEXIS 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-spaulding-mich-1883.