Hathaway v. Merchants' Loan & Trust Co.
Illinois Supreme Court
Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. On December 31, 1902, Charles A. Morrill died testate. On January 13, 1903, letters testamentary were issued by the probate court of Cook county to the Merchants’ Loan and Trust Company, the defendant in error, being the executor named in the will.
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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. On December 31, 1902, Charles A. Morrill died testate. On January 13, 1903, letters testamentary were issued by the probate court of Cook county to the Merchants’ Loan and Trust Company, the defendant in error, being the executor named in the will. The March term, 1903, of the probate court of Cook county was selected as adjustment term for all claims against the estate. The claim of Charles Hathaway & Co.,…
1Opinion of the CourtJustice Wilkin
The sole question is whether the claim of defendant in error is barred by the amendment of May 15, 1903, it not having been filed within one year from the date of the issue of letters testamentary, or whether the statute which existed prior to the amendment was in force as to such claims, entitling the claimant to two years from the date of the issue of letters in which to file its claim.
On April 11, 1903, the legislature amended section 7 of chapter 148, entitled “Wills,” reducing the time from two years to one year within which a bill could be filed to contest a- will. In the case of Sharp…
2Cases cited9 opinions
- Spaulding v. WhiteIllinois Supreme Court · 1898
- Sharp v. SharpIllinois Supreme Court · 1904
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