157 Mich. 398 | Mich. | 1909
This is a proceeding instituted by petition of Hiram Cameron, which alleges that he was, at the date of filing the petition, 36 years of age; that on the 11th of March, 1901, he was the owner of a certain description of land in Newaygo county, and was also the ■ owner of certain personal property of the value of $440; that on the 11th of March, 1901, Ida Fortune, a sister of petitioner, filed in the probate court a petition praying that she be appointed guardian of the personal estate of Cameron; that an order was made on the 9th of April appointing one Susie Smith as guardian of the petitioner,
It is the contention of the appellant that the proceedings taken by the ward should be construed as instituted under
In Gillett v. Needham, 37 Mich. 143, it was held that whatever may be the immunity of letters of administration from attacks from strangers, parties interested may always take advantage of a want of jurisdiction in the court which issued them. This was reaffirmed in Breen v. Pangborn, 51 Mich. 29 (16 N. W. 188). In the present case there is no question that Susie Smith was de facto guardian of this ward. This gave him the undoubted right to have an accounting of her administration, if he saw fit to invoke the aid of the court which had assumed to make the appointment. This he might do without admitting the regularity of the appointment.
The order in the present case will be affirmed.