Flammer v. Cullen
Flammer v. Cullen
Opinion of the Court
Plaintiffs show by their bill that on September 23, 1911, George Flammer and his wife, Kresenz Flammer, sold to them on land contract a parcel of land situate in the city of Detroit, and described as lots 2, 3, and 4 of the subdivision of lot 4 of Edwin Jerome’s survey, etc., for the sum of $3,500. $1,000 was paid when the contract was executed, and $700 subsequently thereto; that the balance, amounting to $1,800 and accrued interest, is now due, and they are ^desirous of paying the same and getting a conveyance thereof; that in March, 1913, Kresenz Flammer died, and defendants, Hunter and Flammer, were duly appointed as executors to represent her estate, and in
Without doubt, the-chancellor had the authority to decree the performance of the contract and to make a division of the fund which was paid into court, and we think he was right in holding that the settlement of the joint account between the parties for moneys which went into it while'they were living was a question for the probate court. The probate court had jurisdiction of both estates when this litigation began,
Our attention has been called to the case of Yalomstein v. Yalomstein, 190 Mich. 615 (157 N. W. 372), in which this court approved the action of the chancery court in allowing an account owing from one 'estate to another, and it is argued that that case is authority for what is asked here. There are differences which make the present case easily distinguishable from the one cited. In the Yalomstein Case the amount of the claim was agreed upon, whereas in the present case the question as to how much there is due is contested. Another point of difference is that in the case cited the allowance of the claim was a question incidental to the main question, which was a charge of fraud. In the instant case the question as to how much is due, if anything, is the gist of the controversy. The court indicated in the Yalomstein Case that had the question not been one that was incidental to the main question it would not have been approved.
Counsel make the further point in support of their contention that the chancery court has jurisdiction to entertain a suit commenced by an administrator. True, the statute gives this right (3 Comp. Laws, § 9383 [3 Comp. Laws 1915, § 13880]), and the following section provides that when the administrator commences an action against a person, that person may set off any demand he may have against the claim of the estate, but these statutes are not helpful in the present suit because it was not begun by the administrator of either estate, but by third parties under a special stat
The decree made by the trial court was the proper one, and will be affirmed. Complainants will recover their costs in this court.
Reference
- Full Case Name
- FLAMMER v. CULLEN
- Cited By
- 1 case
- Status
- Published