158 Mich. 1 | Mich. | 1909
This is an appeal from an order allowing the final account of the administrator. The probate court allowed the administrator his statutory com
Some errors are assigned upon rulings relating to the admission of testimony; but no reason is pointed out in the brief of counsel why these rulings were erroneous, and none occurs to us. It is entirely proper for the circuit judge to possess himself of all the information obtainable as to the manner of the administration of the estate as bearing upon the question of the administrator’s right to additional compensation.
But two points are really pressed upon the argument. The first is that. the court was in error not to permit a trial of the question on this appeal by a jury. As before stated, the appeal presented the single question of the sufficiency of the allowance for extra compensation. This question is peculiarly a question depending upon the discretion and judgment of the trial court; the statute (3 Comp. Laws, § 9438) providing that in all cases such further allowances may be made as the judge of probate may deem just and reasonable, for any extraordinary services, not required of an executor or administrator in the common course of his duty. The question is not new in this State. As was said in Mower’s Appeal, 48 Mich. 441 (12 N. W. 646), referring to this statute, it was never contemplated that when the case reaches the circuit court the judgment of a jury might be substituted for the discretion of the judge in respect to such allowances. This case is followed in Loomis v. Armstrong, 63 Mich. 355 (29 N. W. 867); Wisner v. Mabley’s Estate, 70 Mich. 271 (38 N. W. 262); and In re Brewster’s Estate, 113 Mich. 561 (71 N. W. 1085).
The judgment is affirmed, with costs.