Christy v. McBride
Illinois Supreme Court
This cause was originally instituted in the Court of Probate of Randolph county, by Christy and wife, in her right as one of the heirs at law and distributee of Samuel Wilson, deceased, against McBride, administrator of the estate of said Wilson, to recover of him her distributive share of said estate, after all legal demands should be satisfied.
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This cause was originally instituted in the Court of Probate of Randolph county, by Christy and wife, in her right as one of the heirs at law and distributee of Samuel Wilson, deceased, against McBride, administrator of the estate of said Wilson, to recover of him her distributive share of said estate, after all legal demands should be satisfied. On the trial before the Court of Probate, the administrator exhibited his account current, showing a balance in his hands, of $190,63f, belonging to the heirs. The plaintiffs then proved that in addition to said balance of $>190,63f-, McBride, as…
1Opinion of the CourtSmith, Justice
In this case the only question to be determined is the liability of the administrator for the amount of the notes collected of the debtor of the intestate, (who resided in Virginia,) through his agent, and the misapplication of those funds by the agent, after collection. It is contended, by the appellants, that by law an administrator is responsible if his agent embezzle the assets of the estate; and that the funds being used by Tate, who afterwards became insolvent, is equivalent to an embezzlement; and that therefore the administrator, in the present case, is liable. The case cited in…
2Cases cited1 opinion
- Hunter v. BryantSupreme Court of the United States · 1817
3Cited by4 opinions
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- Matter of Estate of HellerCourt of Appeals of Iowa · 1986
- In re BeamCourt of Appeals of Kansas · 1899