Order Michigan Supreme Court
Lansing, Michigan
January 29, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147508 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
In re ESTATE OF GEORGE EUGENE STAN. David F. Viviano,
Justices
_________________________________________
GEORGIANN STAN, Personal Representative of
the ESTATE OF GEORGE EUGENE STAN,
Petitioner-Appellant,
v SC: 147508
COA: 309958
Wayne PC: 2011-770208-DE
CHRISTINE S. STAN,
Respondent-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 20, 2013
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
MARKMAN, J. (dissenting).
MCL 700.3905 provides that “a provision in a will purporting to penalize an
interested person for contesting the will or instituting another proceeding relating to the
estate shall not be given effect if probable cause exists for instituting a proceeding
contesting the will or another proceeding relating to the estate.” (Emphasis added.) I
would grant leave to appeal to consider whether the beneficiary of a will relying on this
statutory exception to the enforcement of a no-contest clause can establish “probable
cause” for a legal challenge if he or she did not ultimately prevail in the challenge.
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.
January 29, 2014
d0122
Clerk