Michigan Supreme Court, 1957

In Re Ach Estate

In Re Ach Estate
Michigan Supreme Court · Decided July 31, 1957 · Black, Dethmers, Sharpe, Smith, Edwards, Voelker, Kelly, Carr
84 N.W.2d 533; 349 Mich. 47; 1957 Mich. LEXIS 324 (North Western Reporter, Second Series)

In Re Ach Estate

Opinion

*49 Black, J.

(after stating the facts). This record portrays an instance of unfortunate grant of leave to review a circuit court order, the iatter being interlocutory in nature. The result, apparent now on belated submission of the appeal so granted, becomes a regrettable compound of unnecessary delay in probating an estate long overdue for settlement. We hasten toward corrective action.

The probate court order of October 4th — whether it be termed interlocutory or final — was appealable by the heir of right. So far as present inquiry is concerned Court Rule No 75 (revised in 1949) fits its provisions to the general statute governing appeals from probate to circuit (see Section 6 of the rule as revised). The statute grants right of appeal —unconditionally and without requirement of leave —, to “any person aggrieved,” from “any order, sentence, decree or denial of the judge of probate” (CL 1948, §701.36 [Stat Ann 1943 Rev §27.3178(36)]). The' statutory exceptions to such unconditional right of appeal appear in the next ensuing section (CL 1948, §701.37 [Stat Ann 1943 Rev §27.3178(37)]). *50 Since the probate court order of October 4th does not come within the specific exceptions noted in the last-mentioned section, the motion to dismiss appeal was properly denied by the circuit judge.

Affirmed, with costs to appellee.

Dethmers, 0. J., and Sharpe, Smith, Edwards,. Voelker, Kelly and Carr, JJ., concurred.

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