Abbott v. People
Appellate Court of Illinois
Appeal from the Circuit Court of Knox county. The Hon. A. A. Smith, Judge, presiding. The facts of this case briefly stated are as follows: Kate H. Lee, the daughter of the testatrix of appellants, and wife of one Henry R. Lee, died on the 21st day of December, 1876, intestate, leaving no children or descendants of children.
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Appeal from the Circuit Court of Knox county. The Hon. A. A. Smith, Judge, presiding. The facts of this case briefly stated are as follows: Kate H. Lee, the daughter of the testatrix of appellants, and wife of one Henry R. Lee, died on the 21st day of December, 1876, intestate, leaving no children or descendants of children. At time of her death she was seized of some real estate in the State of Iowa, and possessed of about $14,000 worth of personal estate, consisting principally of notes and accounts. On the 8tli day of January, 1877, Henry R. Lee, the surviving husband, and Mrs. Dwire, the…
1Opinion of the CourtPillsbury, J.
It is urged by appellants that the Circuit Court of Knox County had no jurisdiction of the subject matter of this proceeding. The argument is, that these notes were inventoried by them as belonging to the estate of Mrs. Dwire, and the County Court of Fulton having jurisdiction to settle said estate, the only remedy of a party seeking to recover any of the property so inventoried, is by application to that court-This position we deem untenable.' If the property in controversy belongs to the estate of Mrs. Lee, the appellants were in fault in reporting it as assets of the estate of their…
2Cases cited2 opinions
- Lewis v. LyonsIllinois Supreme Court · 1851
- Fitzgerald v. GlancyIllinois Supreme Court · 1869
3Cited by2 opinions
- Seavey v. SeaveyAppellate Court of Illinois · 1889
- McCall v. LeeAppellate Court of Illinois · 1886