IN RE ESTATE OF JUNE LOUISA CUMMIN DEC
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STATE OF MICHIGAN
COURT OF APPEALS
In re Estate of JUNE LOUISA CUMMIN,
Deceased.
EDWARD MURPHY, Personal Representative of
the Estate of JUNE LOUISA CUMMIN,
Deceased,
FOR PUBLICATION
September 9, 2003
9:15 a.m.
Petitioner-Appellee,
v
No. 235495
Clare County Probate Court
LC No. 00-013321-SE
BETH A. HEGYI,
Respondent-Appellant.
Updated Copy
November 7, 2003
Before: Schuette, P.J., and Sawyer and Wilder, JJ.
SCHUETTE, P.J. (concurring in part and dissenting in part).
I concur in the majority's decision to reverse and remand this case to the probate court.
However, I respectfully dissent regarding the applicability of MCL 700.8101(2)(d) of the Estates
and Protected Individual's Code (EPIC), and this Court's ruling in In re Smith Estate, 252 Mich
App 120; 651 NW2d 153 (2002), to the facts in this case.
The facts of In re Smith Estate involved an evidentiary issue of whether a handwritten
document was evidence of testamentary intent of the deceased or simply a desire to make a
monetary gift in the future. This Court held that a devise under a will was not a vested or an
accrued right. As a result, the Smith decision did not trigger the limiting provisions of MCL
700.8101(2)(d) regarding the general prohibition against self-dealing as set forth in MCL
700.1214.
Here, I believe that the prohibition against self-dealing (MCL 700.1214) is not
superseded by the application of MCL 700.8101(2)(d) because no accrued or vested right exists
under the facts and circumstances of this case. See In re Smith Estate, supra.
Therefore, on remand, MCL 700.8101(2)(d) should not be applied by the probate court
during its review, and MCL 700.1214 should be applied to the facts of this case.
/s/ Bill Schuette
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