39 Mich. 198 | Mich. | 1878
Two several appeals having been taken from the allowance and probate of the will of Alexander D. Eraser, deceased, the circuit court required them to be consolidated. A mandamus is now sought to rescind this order of consolidation.
In our opinion the action of that court was proper from abundant caution but it was entirely unnecessary, as the case was a single one and not capable of division. The proceedings in the circuit are precisely like those in the probate court, — statutory prerogative proceedings to determine the status of a dead man’s estate, and in no sense to be regarded as contentious litigation inter partes. The laws of this State have always very justly permitted the next of kin to be heard against the probate of a will, but their right to be so heard depends entirely on the statute. There are many cases where probate proceedings are conducted with little if any provision for notice to the world, and it is for the legislature to determine as it chooses the course and conditions of testacy and intestacy. The steps provided for settling such matters, although following in this State many of the analogies of judicial proceedings, are summary and
Considering as we do that all of the several claims of appeal are merely appearances in a single and indivisible proceeding, we think it cannot be severed for any purpose.
The writ is denied.