Day v. Bullen
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. Robert P. Bullen, of the city of Chicago, died testate November 14, 1901. His will bears date August 21, 1899, and directed that after the payment of the testator’s debts and funeral expenses, $10,000 of his estate should go to his nephew, Robert P. McDonald, and the residue to his widow,. Cornelia M. Bullen, who was named executrix of the will by the testator. Said will was filed in -the probate court June 28, 1902,…
1Opinion of the CourtJustice Farmer
In the view we take of this case the merits of the controversy are not before us fior determination, for .the reason that the probate court was without power or authority to appoint complainant in the original bill special administrator and authorize him .to institute this suit. Before said order was made Cornelia M. Bullen had first, and during the delay in the admission of the will to probate, been appointed and qualified as administratrix to collect. Afterwards, but before the order of the probate court was made appointing appellant Day special administrator, she was duly appointed and…
2Cases cited6 opinions
- Dows v. City of ChicagoSupreme Court of the United States · 1871
- Martin v. MartinIllinois Supreme Court · 1897
- Dinsmoor v. BresslerIllinois Supreme Court · 1896
- Munroe v. PeopleIllinois Supreme Court · 1882
- Works v. Elgin, Joliet & Eastern Railway Co.Illinois Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Keshner v. KeshnerIllinois Supreme Court · 1941
- Glos v. PeopleIllinois Supreme Court · 1913
- Security-First Nat. Bank v. KingWyoming Supreme Court · 1933
- Estate of Vercillo v. GagliardiAppellate Court of Illinois · 1960
- In Re Estate of SchwebelAppellate Court of Illinois · 1985
8 more not listed; retrieve them via the Exa API.