285 N.W. 1 | Mich. | 1939
Ethel Cook, daughter of Donald A. Fraser, deceased, filed a petition in the probate court of St. Clair county praying that that court order Isabelle M. Fraser, the widow of deceased, to surrender certain securities in her possession to the administrator of the estate of Donald A. Fraser, deceased. The widow, Isabelle M. Fraser, claimed the securities as her own property. The probate court ordered the surrender of the securities by her, and, on appeal, the circuit court held she was the owner thereof. Petitioner, Ethel Cook, appeals.
Courts are bound to take notice of the limits of their authority, and a court may, and should, on its own motion, though the question is not raised by the pleadings or by counsel, recognize its lack of jurisdiction and act accordingly by staying proceedings, dismissing the action, or otherwise disposing thereof, at any stage of the proceeding. 15 C. J. p. 852; Bradley v. Board of State Canvassers,
Probate courts have only special statutory jurisdiction. They derive their jurisdiction and powers *395
from statute. Holbrook v. Cook,
It is not a proper function of the probate court to divest or decide upon vested rights of property. Besancon v. Brownson,
The probate court had no jurisdiction. The circuit court had no greater jurisdiction of the case than had the probate court. 3 C. J. p. 366; 4 C. J . S. p. 121. The probate court having no jurisdiction, the circuit court acquired none by appeal,Northern Michigan Building Loan Ass'n v. Fors,
The order of the circuit court is stayed and the petition dismissed, but without prejudice and without costs.
BUTZEL, C.J., and WIEST, BUSHNELL, SHARPE, CHANDLER, NORTH, and McALLISTER, JJ., concurred. *396