191 Mich. 489 | Mich. | 1916
(after stating the facts). On behalf of appellants it is urged: First, that the proper parties are not in court. It is their contention that the issues sought to be raised by the cross-bill is one between the defendants and the estate of Lydia M. Beard, and that the estate is not before the court. While technically this is true, all the parties interested in the estate are in court, the defendants owning three-fifths of the real estate and the complainants owning two-fifths thereof. We think this contention without force.
Appellants next claim that a court of equity is without jurisdiction to allow a claim against the estate of a decedent. Many authorities are cited by appellant to the proposition that estates of decedents are not settled in courts of chancery, but must be settled through proper proceedings in the probate court. Among the cases cited are the following: Brooks v. Hargrave, 179 Mich. 136 (146 N. W. 325), Powell v. Pennock, 181 Mich. 588 (148 N. W. 430), and cases there cited. The general rule is not questioned by appellees, but they assert that in a case in which the court of chancery has undoubted jurisdiction upon other grounds, it may, as an incident to the exercise of that jurisdiction, allow or disallow a claim against an estate. We find it unnecessary to pass upon this contention.
The question whether there is any equity in defendants’ cross-bill still remain^. We have no doubt that in the exercise of a sound discretion, and under our liberal statute relative to amendments, a circuit court
The order of the court below, overruling the demurrer, is reversed, the demurrer is sustained, and the case is remanded for further proceedings, with costs to appellants.