United States Rubber Co. v. Peterman
Appellate Court of Illinois
Contest in court of probate. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Statement by the Court. E. B. Preston died April 27, 1895, leaving a will, in which he appointed appellees John L. Peterman, Alfred B. Edwards and Ellen M. Preston, his wife, as his executors. Peterman had been in the employ of the deceased as a department manager for some years prior to the death of Preston.
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Contest in court of probate. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tuthill, Judge, presiding. Statement by the Court. E. B. Preston died April 27, 1895, leaving a will, in which he appointed appellees John L. Peterman, Alfred B. Edwards and Ellen M. Preston, his wife, as his executors. Peterman had been in the employ of the deceased as a department manager for some years prior to the death of Preston. Edwards was engaged in the business of fire insurance in the city of Chicago. The will provided that “The said Ellen M. Preston, John L. Peterman and Alfred B.…
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
The executors are not, by the will of E. B. Preston, empowered to carry on the business of the testator. Thereby they are directed “to take charge immediately upon my decease and have entire control of all my estate above named and manage and conduct the same to the best advantage.” This provision imposed no other duty upon the executors, as “trustees for that purpose” than properly to care for the assets of the estate coming into their hands as executors. The appeal to the Circuit Court brought up each and all of the items for…
2Cases cited8 opinions
- Hough v. HarveyIllinois Supreme Court · 1873
- Willard v. BassettIllinois Supreme Court · 1861
- Cook v. GilmoreIllinois Supreme Court · 1890
- Foster v. ThomasSupreme Court of Connecticut · 1851
- Smith v. Wilmington Coal Mining & Manufacturing Co.Illinois Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Halsted v. GriefenAppellate Court of Illinois · 1912
- Barry v. BarryMississippi Supreme Court · 1945
- Weaver v. OgleCourt of Appeals of Tennessee · 1926