(13765)

debted to the other.

PROBATE COURTS

Flammer v. Cullen, 194 Mich. 585; 161 N. W.,

846; Allen v. Allen, 209 Mich. 368.

A bill was filed in the CirJURISDICTION-REAL PROPERTY: cuit Court for Ionia County in chancery, against a trustee under a trust agreement for the benefit of creditors, for an accounting, it acquired jurisdiction to enter into the accounting and determine the deficiency of an insolvent estate, and in so determining pass upon the quality and value of the real and personal assets situated therein, including a note given by one Lockwood as additional security for the benefit of the debtor to the trustee, gave the court no jurisdiction to set aside deeds given by the said Lockwood of lands situated in Ingham County made after the execution of the note, as the subject matter was local, and only the county in which the land is located has jurisdiction for that purpose. Buck v. Lockwood, 193 Mich. 242. CITED: Rodgers v. Huntley, 166 Mich. 132, 133.

(13765). Powers of Probate Judge.

SEC. 2. Each judge of probate shall have power:

1. To administer all oaths necessary in the transaction of business before the probate court, and all oaths required by law to be administered to persons executing trusts under the appointment of such court;

2. To issue all warrants and processes in conformity to the rules of law, which may be necessary to compel the attendance of witnesses residing in any part of this state, or to carry into effect any order, sentence or decree of the probate courts, or the powers granted them by law, and to issue warrants directed to any sheriff, constable or other proper officer in this state, requiring him to apprehend and imprison any person who shall refuse or neglect to perform any order, sentence or decree of a probate court, requiring such officer to apprehend and imprison such person in the common jail of the county, until he shall perform such orders, sentence or decree, or be delivered by due course of law; and all such officers shall serve and execute all legal warrants and processes to them directed by any judge of probate:

3. To keep order in his court, and to punish any contempt of his authority, in like manner as such contempt may be punished in the circuit court;

4. And shall have such other powers as may be conferred by law.

HISTORY:

C. L.

Re-enacts and merges Secs. 7-12, R. S. '46, Ch. 91, being C. L. '57, (3613)-(3614)-(3615)-(3616)-(3617)-(3618), inc.; '71, (5198)-(5199)-(5200)-(5201)-(5202)-(5203), inc; How. 6761-6766, inc: C. L. '97, (652)-(653)-(654)-(655)-(656), inc. Unchanged. Subd. 2, empowering probate judges to issue a warrant and im

prison any person who shall refuse or neglect to comply with any order issued by said court, is not in contravention of the 14th amendment of the Cons. of the U. S. as the order is only made after due notice and hearing, and is due process of law, In re Merrill, 200 Mich. 244.

CONSTRUED:

Buchoz v. Pray, 36 Mich. 429, 430.

(13766). When Jurisdiction not to be Contested.

SEC. 3. Jurisdiction assumed in any case by a judge of probate, so far as it depends on the place of residence of any person, or the location of his estate, shall not be contested in any suit or proceeding whatever, except in an appeal from the probate court in the original case, or when the want of jurisdiction appears on the same record.

HISTORY: Re-enacts Sec. 13, R. S. '46, Ch. 91, being C. L. '57, (3619); C. L. '71, (5204); How. 6767; C. L. '97, (657). Unchanged. JURISDICTION: The Probtae Court first obtaining jurisdiction of the administration of an estate so far as it depends upon the place of residence of any person, or the location of the estate, shall not be contested, except in an appeal from the Probate Court in the original case, or when the want of jurisdiction appears on the same record, In re Carney's Estate, 199 Mich. 667.

(13767). Court First Taking Cognizance to Retain Jurisdiction.

SEC. 4. When a case shall be originally within the jurisdiction of the probate court of two or more counties, the court which shall first take cognizance thereof by the commencement of proceedings, shall retain the same throughout.

HISTORY: Re-enacts Sec. 14, R. S. '46, Ch. 91, being C. L. '57, (3620); C. L. '71, (5205); How. 6768; C. L. '97, (658). Unchanged. CONSTRUED: In re Carney's Estate, 199 Mich. 667.

General Provisions.

(13768). Presumption of Validity of Proceedings.

SEC. 5. When the validity of any order or decree of a probate court shall be drawn in question in any other suit or proceeding, everything necessary to have been done or proved to render the order or decree valid, and which might have been proved by parol at the time of making the order or decree, and was not required to be recorded, shall, after twenty years from such time, be presumed to have been done or proved, unless the contrary appears on the same record.

HISTORY: Re-enacts Sec. 15, R. S. '46, Ch. 91, being C. L. '57, (3621); C. L. '71, (5206); How. 6769; C. L. '97, (659). Unchanged.

(13769). Administration of Oaths.

SEC. 6. All oaths required to be taken by executors, administrators, guardians, trustees, commissioners, appraisers, and dividers of estates, or by any other person in relation to any proceeding in the probate court, may be administered by the judge of probate, register of probate, any justice of the peace or notary public, and a certificate thereof shall be returned and filed in the probate court.

HISTORY: Re-enacts Sec. 22, R. S. '46, Ch. 91, being C. L. '57, (3628); C. L. '71, (5213); How. 6776; As Am. '89, p. 133, Act 120, Imd. Eff. May 31; C. L. '97, (666). Unchanged.

(13770). Revocation of Certain Warrants.

SEC. 7. Any warrant or commission for the appraisement. of any estate, for examining claims against estates, for par tition of real estate, or for the assignment of dower, may be revoked by the judge of probate for sufficient cause, and the judge may thereupon issue a new commission, or proceed otherwise therein, as the circumstances of the case shall require. HISTORY: Re-enacts Sec. 23, R. S. '46, Ch. 91, being C. L. '57, (3629); C. L. '71, (5214); How. 6777; C. L. '97, (667). Unchanged. CONSTRUED: In re McLaughlin's Estate, 160 Mich. 284.

(13771). Security for Costs.

SEC. 8. The judge of probate may, when it shall appear reasonable and proper, require either party to any proceeding before him to give sufficient security for all such costs as may be awarded against him.

HISTORY: Re-enacts Sec. 53, R. S. '46, Ch. 91, As Added '59, p. 867, Act 232, Eff. May 18, being C. L. '71, (5244); How. 6807; C. L. '97, (697). Unchanged.

(13772). When Personal Estate May be Ordered Sold.

SEC. 9. The probate court on the application of the executor or administrator, may, at any time, order the personal estate to be sold at private sale or at public auction, when it shall appear to be necessary for the purpose of paying debts or legacies, or expenses of administration, or for the preservation of the property, or when it shall be requested by all the heirs residing in this state; or the court may order such personal estate to be sold, either at private sale or public auction, as the executor or administrator may find most beneficial.

If the order be to sell at auction, the probate court shall direct the mode of giving notice of the time and place of sale.

HISTORY: Re-enacts Sec. 4, R. S. '46, Ch. 73, being C. L. '57, (2980); C. L. '71, (4484); How. 5952; C. L. '97, (9431). Unchanged. CONSTRUED: Morton v. Johnston, 124 Mich. 563; See In re Choate's Estate, 165 Mich. 420.

CHAPTER LII.

OF THE PROBATING OF WILLS.

(13773). Deposit of Will With Probate Judge.

SECTION 1. Any will in writing, being inclosed in a sealed wrapper, and having indorsed thereon the name of the testator and his place of residence, and the day when, and the person by whom it is delivered, may be deposited by the person making the same, or by any person for him, with the judge of probate in the county where the testator lives, and the judge of probate shall receive and safely keep such will, and give a certificate of the deposit thereof.

HISTORY: Re-enacts and supersedes Sec. 10, R. S. '46, Ch. 68, being C. L. '57, (2834), C .L. '71, (4331); How. 5794; C. L. '97, (9271); though such section is not expressly repealed by this act. Unchanged. CITED: Allison v. Smith, 16 Mich. 526.

(13774). How Delivered.

SEC. 2. Such will shall, during the lifetime of the testator, be delivered only to himself, or to some person authorized by him by an order in writing, duly proved by the oath of a subscribing witness; and after the death of the testator, and at the first probate court after notice thereof, it shall be publicly opened by the judge of probate and be retained by him.

HISTORY: Re-enacts and supersedes Sec. 11, R. S. '46, Ch. 68, be-. ing C. L. '57, (2835); C. L. '71, (4332); How. 5795; C. L. '97, (9272), though such section is not expressly repealed by this act. Unchanged. CITED: Allison v. Smith, 16 Mich. 426.

(13775). Notice to be Given of Will.

SEC. 3. The judge of probate shall give notice of such will being in his possession, to the executor therein appointed, if there be one, otherwise to the persons interested in the provisions of the will; or if the jurisdiction of the case belongs to any other court, such will shall be delivered to the execu tor, or to some other trusty person interested in the provisions of the same, to be presented for probate in such other court.

HISTORY: Re-enacts and supersedes Sec. 12, R. S. '46, Ch. 68, being C. L. '57, (2836); C. L. '71, (4333); How. 5796; C. L. '97, (9273),