WILLS AND ADMINISTRATION - JURISDICTION OVER THE PROBATE OF LOST OR DESTROYED WILLS

Authors

Abstract

Under Mich. Comp. Laws (1929), sec. 15547, a will lost, suppressed or destroyed may be admitted to probate upon its being established in a prescribed manner in the probate court. And under sec. 15543 no will is effectual to pass title to property unless probated as required by law. Plaintiff coal company, apparently under the direction of its manager, King, filed a bill of interpleader for a judicial determination as to whether it should pay rent as lessee of certain property to the administrator of the estate of the deceased lessor, or to King, who claimed as devisee of the property under a will allegedly lost, suppressed, or destroyed. King filed a cross-bill setting forth his claims. Held, that chancery had no jurisdiction to establish such a will, the jurisdiction resting by statute exclusively with the probate court; that the bill and cross-bill were properly dismissed in the lower court. Aylward Coal Co. v. Luyckx, (Mich. 1933) 246 N. W. 156.

Recommended Citation

WILLS AND ADMINISTRATION - JURISDICTION OVER THE PROBATE OF LOST OR DESTROYED WILLS, 31 Mich. L. Rev. 1185 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss8/32