Petteys v. Hutchings
Appellate Court of Illinois
Petition for letters of administration. Appeal from the Circuit Court of Grundy county; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the April term, 1909. Statement by the Court. Joseph Hutchings died-on the 28th day of June, 1907, at his residence in Grundy county, seized of 320 acres of land and possessed of personal estate amounting to about $7,000, leaving what purported to be a last will in which John J. Hutchings, his son, was named as executor.
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Petition for letters of administration. Appeal from the Circuit Court of Grundy county; the Hon. Samuel C. Stough, Judge, presiding. Heard in this court at the April term, 1909. Statement by the Court. Joseph Hutchings died-on the 28th day of June, 1907, at his residence in Grundy county, seized of 320 acres of land and possessed of personal estate amounting to about $7,000, leaving what purported to be a last will in which John J. Hutchings, his son, was named as executor. The will was filed in the office of the county clerk of Grundy county. The executor named in the will, on July 10, 1907,…
1Opinion of the CourtJustice Thompson
The only question involved in this appeal is as to the rights of the respective parties, John G-. Petteys, as public administrator of Grundy county, or John J. Hutchings, on the request of the widow and his own petition, to administer on the estate of the deceased.
Section 18 of the Administration Act gives preference in administering on estates to certain relatives in a certain fixed order, and after the relatives to the public administrator or any creditor who shall apply for the same. The Act provides that: “Preference and the fight to nominate under this Act must be exercised within sixty…
2Cited by3 opinions
- Savage v. LutherAppellate Court of Illinois · 1911
- Dempsey v. PunkeAppellate Court of Illinois · 1950
- Dupee v. FollettAppellate Court of Illinois · 1921