People ex rel. Schuchert v. Phelps
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county; the Hon. Amos Watts, Judge, presiding. This was an appeal to the circuit court from an order of the county court approving an account current of Catharine Phelps, administratrix of the estate of Benjamin F. Phelps, deceased, made in answer to a citation. On the hearing of the appeal, the circuit court affirmed the order of the county court. The grounds of objection to the account appear from the opinion of the court.
1Opinion of the CourtChief Justice Scott
In the account rendered, the administratrix omitted to charge herself with the amount of a life policy on the life of her intestate, which she had previously collected. According to our understanding of the law, the proceeds of the policy constituted funds in the hands of the administratrix, to be administered the same as other assets belonging to the estate.
The policy, by its express terms, was payable to “the said Benjamin F. Phelps’ legal representatives.” The words “legal representatives,” in the commonly accepted sense, mean administrators or executors. What construction shall be given…
2Cases cited2 opinions
- Wason v. ColburnMassachusetts Supreme Judicial Court · 1868
- Warnecke v. LembcaIllinois Supreme Court · 1873
3Cited by13 opinions
- Millard v. HarrisIllinois Supreme Court · 1887
- People ex rel. Brooks v. PetrieIllinois Supreme Court · 1901
- In Re Estate of BentleyAppellate Court of Illinois · 1973
- Hamilton v. DarleyIllinois Supreme Court · 1915
- Walker v. PetersMissouri Court of Appeals · 1909
8 more not listed; retrieve them via the Exa API.