Bradford v. Jones
Illinois Supreme Court
This was an. action of debt, commenced by Bradford against John T. Jones, executor of Michael Jones, deceased, in the Gallatin Circuit Court, on the 7th of Nov., 1849, upon a note executed by his testator.
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This was an. action of debt, commenced by Bradford against John T. Jones, executor of Michael Jones, deceased, in the Gallatin Circuit Court, on the 7th of Nov., 1849, upon a note executed by his testator. The general issue was pleaded with notice of several special matters, among which was this: that the note sued upon “ was never exhibited and allowed in pursuance of law against the estate of said Michael Jones, deceased, within two years from the time of granting letters to the defendant. By consent, the matters of law and fact were tried by the court, Marshall, Judge, presiding, without…
1Opinion of the Court
Catón, J.
This suit was brought against an executor after the expiration of two years from the time letters testamentary were granted, and upon a demand which had not been presented for allowance within that time. The Circuit Court gave judgment for the plaintiff, “ To be levied and made of the estate of the said Michael Jones, deceased, which may hereafter be found not inventoried or accounted for by the said defendant as executor as aforesaid, at this time, according to the statute in such case made and provided.”
This portion of the judgment is assigned for error, because it restricts the…
2Cited by4 opinions
- Pufahl v. Estate of ParksSupreme Court of the United States · 1936
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- Kittredge v. NicholesIllinois Supreme Court · 1896
- Shepard v. National Bank of Lawrence CountyIllinois Supreme Court · 1873