in Re Robert E Whitton Revocable Trust , 927 N.W.2d 707 ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
June 5, 2019 Bridget M. McCormack,
Chief Justice
158408 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
In re ROBERT E. WHITTON REVOCABLE Brian K. Zahra
Richard H. Bernstein
TRUST. Elizabeth T. Clement
_________________________________________ Megan K. Cavanagh,
Justices
MOLLY MICHALUK,
Petitioner-Appellant,
v SC: 158408
COA: 337828
Oakland PC: 2016-372116-TV
EDDIE WHITTON and RICHARD WHITTON,
Successor Trustees of the ROBERT E. WHITTON
REVOCABLE TRUST,
Respondents-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the August 9, 2018
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing whether the Oakland Probate Court had jurisdiction to entertain the
request for declaratory relief in light of McLeod v McLeod, 365 Mich. 25 (1961). In
addition to the brief, the appellant shall electronically file an appendix conforming to
MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page
numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief
within 21 days of being served with the appellant’s brief. The appellees shall also
electronically file an appendix, or in the alternative, stipulate to the use of the appendix
filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of
being served with the appellees’ brief. The parties should not submit mere restatements
of their application papers.
The Probate and Estate Section of the State Bar of Michigan is invited to file a
brief amicus curiae. Other persons or groups interested in the determination of this issue
may move the Court for permission to file briefs amicus curiae.
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 5, 2019
s0529
Clerk