166 Mich. 451 | Mich. | 1911
The probate court for the county of Kent approved and allowed the first annual account of the Michigan Trust Company as general administrator of the estate of Mary McNamara, deceased. From the order and determination of the probate court, James McNamara, an heir at law, appealed to the circuit court for the county of Kent. In that court the account was investigated without the aid of a jury, and with the result that the order of the probate court was affirmed. The court made and filed findings of fact and law. Appellant proposed certain amendments to the findings of fact and law which were not allowed. -He excepted to the findings and to the refusal of the court to amend them. Twenty-two errors are assigned, and are discussed in the brief for appellant under seven heads.
Aside from this, we think there was no question of fact for a jury to determine. It is said in the brief that the amount of compensation to be paid to the commissioners on claims and the amounts to be paid to certain attorneys for legal services depended upon the reasonableness of the charges, and that whether they were or were not reasonable was a question of fact for a jury. Under repeated decisions of this court, some of which are referred to in this opinion, it was for the court, and not for a jury, to determine whether the disbursements referred to in the brief should be allowed.
No error is found. The order and judgment of the circuit court is affirmed.