IN RE EST OF RACHAEL E SCHMIDT DEC
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STATE OF MICHIGAN
COURT OF APPEALS
In re ESTATE OF RACHEL E. SCHMIDT,
Deceased.
GWENDOLYN SANFORD,
UNPUBLISHED
February 25, 1997
Petitioner-Appellee,
v
No. 187381
Kent Probate Court
LC No. 94-158763-SE
DARRELL SCHMIDT,
Respondent-Appellant.
Before: Sawyer, P.J., and Neff and A.L. Garbrecht,* JJ.
PER CURIAM.
Respondent, the father of decedent, appeals as of right from the probate court’s order which
distributed the wrongful death proceeds from decedent’s estate. The order awarded respondent
nothing. We affirm.
Respondent contends that the probate court improperly excluded evidence concerning his
relationship with his oldest daughter, decedent’s older sister. This Court reviews the probate court’s
decision to exclude evidence for abuse of discretion. McTaggart v Lindsey, 202 Mich App 612, 617;
509 NW2d 612 (1993). The probate court ruled that the evidence was not relevant to the issue of
respondent’s relationship with decedent and, later in the proceeding, ruled that additional presentation of
the evidence would be needlessly cumulative. The probate court’s rulings were proper under MRE 402
and 403. There was no abuse of discretion.
Next, respondent challenges the probate court’s distribution of the proceeds. This Court
reviews the probate court’s findings of fact under the clearly erroneous standard and reviews the court’s
distribution for an abuse of discretion. Hoogewerf v Kovach, 185 Mich App 577, 579; 463 NW2d
160 (1990). Although respondent contends that his hope for a relationship with decedent in the future
* Circuit judge, sitting on the Court of Appeals by assignment.
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should have been considered, the proper measure is the time and activities respondent shared with
decedent and the overall characteristics of his relationship with her. McTaggart, supra, p 616. This
Court has reviewed the record and it supports the probate court’s finding that respondent did not have
any relationship with decedent and has not sustained any loss. The court did not abuse its discretion in
awarding decedent nothing from the wrongful death proceeds.
Affirmed. Petitioner-appellee being the prevailing party, she may tax costs pursuant to MCR
7.219.
/s/ David H. Sawyer
/s/ Janet T. Neff
/s/ Allen L. Garbrecht
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