Stone v. Yost, 23.
| Decision Date | 03 December 1947 |
| Docket Number | No. 23.,23. |
| Citation | 29 N.W.2d 777,319 Mich. 323 |
| Parties | STONE v. YOST. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE Appeal from Circuit Court, Kent County; Leonard D. Verdier, judge.
Action by Mildred M. Stone against Oliver P. Yost, guardian of Mildred M. Stone, alleged mentally incompetent, for termination of guardianship and for other relief. From an order of the circuit court dismissing the petition and plaintiff's appeal from an order of the probate court dismissing the petition, plaintiff appeals.
Reversed and remanded with instructions.
Before the Entire Bench.
Fred P. Geib and Clem H. Block, both of Grand Rapids, for petitioner-appellant.
Clare J. Hall, of Grand Rapids (Sigmund S. Zamierowski, of Grand Rapids, of counsel), for guardian and appellee.
Plaintiff Mildered M. Stone in 1946 filed her petition in probate court for the terminationof the guardianship which had been established over her as a mentally incompetent person, praying:
1. That the court order said guardian to turn over to her all of her property in his custody;
2. That in lieu thereof the court require the guardian to turn over to her a reasonable sum of money to enable her to live comfortably, procure a wardrobe, provide an attorney fee, meet dental and medical expenses;
3. That the guardian be required to file a final accounting and turn over all of her property to her;
4. That in default of such relief, an order to show cause be issued by said court directing the guardian to appear and show cause why her repective prayers should not be granted and why he should not resign.
The probate court heard this matter on a motion by the defendant to dismiss the petition. There was no hearing on the merits and hence all well-pleaded material allegations in the petition must have been accepted by the court as true. The probate judge enteredd an order dismissing the petition on the grounds ‘taht the petition seeks to attack by collateral proceedings lawful orders of the probate court; that the petition does not allege facts to support the charge that said guardian is disqualified by reason of adverse interests from acting as guardian herein, and that said petition does not present any triable issue of fact.'
From that order granting the motion to dismiss plaintiff appealed to the circuit court, where the matter seems to have again been heard as a motion to dismiss the petition. An order was enrtered in the circuit court that the appeal, and the petition of the plaintiff, be dismissed, the reasons given being that the petition was, in effect, a collateral attack upon the order of the probate court appointing a guardian, and that since the petition was filed in probate court the plaintiff had filed therein a petition to be declared mentally competent which, if granted, would terminate the guardianship. Again, there was no hearing on the merits, and it follows that all well-pleaded material allegations in the petition must have been taken as true.
On this appeal we do not hear this matter on the merits, nor can we grant plaintiff affirmative relief.
On February 24, 1942, plaintiff was adjudged insane and was committed for treatment to the Kalamazoo state hospital. She was released on May 31, 1946, by order of the Kalamzoo circuit court on a writ of habeas corpus because of defects in the proceedings for her commitment.
On April 29, 1942, Margaret Buss, the mother of Mildered Stone, plaintiff, petitioned for the appointment of Oliver P. Yost, the brother of petitioner Margaret Buss, to be guardian of petitioner's daughter, Mildred Stone. The hearing was set for May 19, 1942. On May 5, 1942, Margaret Buss made a will, by which will she changed a substantial and absolute devise which had appeared in her former will in favor of Mildred Stone and made the devise to be for life use only, devising the remainder interest to Oliver P. Yost (later appointed guardian) and his sister. The next day, May 6, 1942, Margaret Buss died.
On May 19, 1942, the probate court proceeded to hear the petition of Margaret Buss, there apparently being present in said matter court no person interested in said matter but Oliver P. Yost, who was appointed guardian.
Plaintiff raises the point that upon the death of Margaret...
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Emerson v. Emerson
...contained therein. Schantz v. Ruehs, 348 Mich. 680, 83 N.W.2d 587; Witt v. Tourn-A-Grip co., 330 Mich. 151, 47 N.W.2d 57; Stone v. Yost, 319 Mich. 323, 29 N.W.2d 777. These allegations include the On October 21, 1955, plaintiff was committed to the Kalamazoo State hospital by an order of ad......
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Schantz v. Ruehs, 16
...all well-pleaded facts in plaintiff's bill of complaint as true. Witt v. Tourn-A-Grip Co., 330 Mich. 151, 47 N.W.2d 57; Stone v. Yost, 319 Mich. 323, 29 N.W.2d 777. Plaintiff's allegations (1) That he was committed to the Kalamazoo State hospital by order of the probate court of Kent county......