Order Michigan Supreme Court
Lansing, Michigan
October 24, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133622-3 & (65) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
In re DUANE V. BALDWIN TRUST, Stephen J. Markman,
_________________________________________/ Justices
THOMAS M. SHOAFF,
Petitioner-Appellant,
v SC: 133622-3
COA: 261642; 261643
Ingham Probate Court:
THOMAS E. WOODS, Trustee, 00-002046-TI; 00-001858-DE
Respondent-Appellee,
and
THOMAS E. WOODS, Individually and
GARY BALDWIN,
Appellees.
_________________________________________/
On order of the Court, the motion for leave to file a reply brief is GRANTED.
The application for leave to appeal the February 27, 2007 judgment of the Court of
Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to
appeal, we AFFIRM the judgment of the Court of Appeals but we reject the reasoning of
the Court of Appeals majority to the extent it is inconsistent with the partially dissenting
opinion. Under the facts of this case, which the probate court judge viewed in the light
most favorable to the petitioner, even if the respondent owed a duty to the petitioner, the
probate judge did not err in granting summary disposition to the respondent in both the
estate proceeding and the trust proceeding, because there was no evidence of wrongdoing
by the respondent. The petitioner received ample opportunity to set forth a genuine issue
of material fact. MCR 2.116(I)(1).
I, Corbin R. Davis, 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.
October 24, 2007 _________________________________________
d1017 Clerk