Barney v. Barney
Barney v. Barney, 158 N.W. 101 (Mich. 1916)
Headnotes
Wills — Custody ok Possession — Estates of Decedents — Probate —Penalty—Statutes.
Under 3 Comp. Laws 1915, §§ 13776-8, requiring any person having custody of any will to deliver it to the prohate court within thirty days after he learns of the death of testator, a person who accidentally came upon the instrument and filed it away after the testator’s death, was not a custodian within the meaning, of the statutory provisions and so was not liable ioi the penalty prescribed by the act.
Summary
Error to Calhoun; Weimer, J., presiding.
Case by Helen L. Barney against Oliver W. Barney, under sections 9274-6, 3 Comp. Laws; 3 Comp. Laws 1915, §§ 13776-8, for the wrongful neglect to file a will for probate. Judgment for defendant on a verdict directed by the court. Plaintiff brings error.
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Opinion of the Court
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Ostrander, J.
(after stating the facts). I am of the opinion that the court rightly construed the statute. The judgment is affirmed.
Stone, C. J., and Kuhn, Bird, Moore, Steere, Brooke, and Person, JJ., concurred.
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