IN RE EGGLESTON ESTATE

Docket No. 249957.

698 N.W.2d 892 (2005)

266 Mich. App. 39

In re ESTATE OF Max D. EGGLESTON, a Legally Incapacitated Person. Maxanne Taverniti, Guardian and Conservator of Max D. Eggleston, Petitioner-Appellant, v. Patricia A. Gorski, Personal Representative of the Estate of Florence L. Downs, Deceased, Respondent-Appellee.

Court of Appeals of Michigan.

Decided April 28, 2005, at 9:05 a.m.

Released for Publication June 22, 2005.


Attorney(s) appearing for the Case

Wilson, Lawler & Lett, PLC (by R. David Wilson), Lansing, for the petitioner.

Fraser Trebilcock Davis & Dunlap, P.C. (by Graham K. Crabtree and John S. Smith), Lansing, for the respondent.

Before: DONOFRIO, P.J., and MARKEY and FORT HOOD, JJ.


PER CURIAM.

Petitioner, Maxanne Taverniti, appeals as of right the probate court's denial of the request for election of the surviving spouse. MCL 700.2202. Petitioner, the daughter, guardian, and conservator for Max D. Eggleston ("Max"), a legally incapacitated person, sought the election against the estate of Max's deceased wife, Florence L. Downs Eggleston. Respondent, the personal representative of the estate of Florence L. Downs Eggleston, opposed the petition...

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