Legal Opinion

Simms v. Guess

Appellate Court of Illinois

Decided March 23, 1894PublishedCited by 11 opinions

Memorandum.—Administrator of estates. Appeal from the Circuit Court of Lawrence County; the Hon. Silas Z. Landes, Judge, presiding.

1Opinion of the CourtJustice Sample

The points primarily made by appellant are, 1st, that the remedy to compel him to inventory the property included in the order of the court was by citation, under Sec. 81, Chap. 3, S. & C., p. 226, and not by exceptions to his inventory; 2d, that he could not be compelled to inventory a debt against himself, which was in dispute, except on a trial under written pleadings and a judgment obtained against him.

Section 51, Chap. 3, S. & C., p. 212, provides that an “administrator shall make out a full and perfect inventory of all such real and personal estate, or the proceeds thereof, as are…

2Cases cited5 opinions

  1. In re CorringtonIllinois Supreme Court · 1888
  2. Lynch v. DivanWisconsin Supreme Court · 1886
  3. Seavey v. SeaveyAppellate Court of Illinois · 1889
  4. Hilton v. BriggsMichigan Supreme Court · 1884
  5. May v. LeightyAppellate Court of Illinois · 1890

3Cited by11 opinions

  1. Poka v. HoliHawaii Supreme Court · 1960
  2. In Re Kelly's EstateSupreme Court of Oklahoma · 1928
  3. Security-First Nat. Bank v. KingWyoming Supreme Court · 1933
  4. Ilg v. CONTINENTAL ILL. NAT. BANK & TRUST CO.Appellate Court of Illinois · 1968
  5. In Re Estate of JulianAppellate Court of Illinois · 1991

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