Michigan Trust v. Ferry

William F. Ferry, the decedent, died in 1867 in Ottawa County, Michigan, and the probate court appointed Edward P. Ferry (defendant) as executor. In 1878, Edward P. moved to Utah and in 1892 became incompetent and was put under the guardianship of his two sons, W. Mont Ferry and Edward S. Ferry. In 1903, residuary legatees and devisees petitioned the Michigan court to remove Edward P. as executor and order him to account for the unadministered residue of the estate. The petitioners also asked that the Michigan Trust Company be appointed administrator de bonis (an administrator appointed by a court to replace an administrator of a will who can no longer execute the role). Notice of the hearing was given by publication and personally served in Utah to Edward P. and his guardians. By order of a Utah court, the guardians appeared and asked that a guardian ad litem (court-appointed guardian to protect the best interests of an incompetent party) be appointed. The guardian ad litem was appointed, and the Michigan Trust Company was appointed administer de bonis. After various proceedings, Edward P. was found to be indebted to the estate and ordered to pay $915,355.08 to the Michigan Trust Company within 60 days. Suits followed in Utah to enforce the Michigan probate court judgment. The lower courts in Utah sustained Edward P.’s demurrers and dismissed the suit.