in the Matter of Rhea Brody Living Trust ( 2019 )

Order Michigan Supreme Court Lansing, Michigan June 14, 2019 Bridget M. McCormack, Chief Justice David F. Viviano, Chief Justice Pro Tem 158599 Stephen J. Markman Brian K. Zahra In re RHEA BRODY LIVING TRUST, dated Richard H. Bernstein January 17, 1978, as amended. Elizabeth T. Clement Megan K. Cavanagh, _________________________________________ Justices ROBERT BRODY, Intervenor-Appellant, v SC: 158599 COA: 330871 Oakland Probate Court: CATHY B. DEUTCHMAN, 2015-361379-TV Petitioner-Appellee, and MICHAEL BARTON, Special Fiduciary, Intervenor, and JAY BRODY, Intervenor-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the August 7, 2018 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that the terms “child” and “beneficiary” in MCL 700.1105(c) are not modified by the phrase “and any other person that has a property right in or claim against a trust estate,” as this holding was unnecessary to resolving this case in light of its conclusion that Petitioner Cathy Deutchman was an “interested person” under MCR 5.125(C)(33)(g) and MCL 700.7603(2). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court. I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 14, 2019 d0611 Clerk