Legal Opinion

People v. Lott

Illinois Supreme Court

Decided January 15, 1862PublishedCited by 8 opinions

The plaintiffs filed their bill on the 2nd July, 1858, for settlement of the estate of the deceased, making E. Lott surviving administrator of P. Jarboe, the administrator and administratrix of H. M. Jarboe, deceased, who was the other administrator of P. Jarboe, deceased—Job Collins, surety on first administration bond, A. S. Seely, surety on second administration bond, and F. P. Tedder, surety on third administration bond, defendants, stating that P. Jarboe died intestate…

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The plaintiffs filed their bill on the 2nd July, 1858, for settlement of the estate of the deceased, making E. Lott surviving administrator of P. Jarboe, the administrator and administratrix of H. M. Jarboe, deceased, who was the other administrator of P. Jarboe, deceased—Job Collins, surety on first administration bond, A. S. Seely, surety on second administration bond, and F. P. Tedder, surety on third administration bond, defendants, stating that P. Jarboe died intestate 8th February, 1839, naming thirteen distributees of his estate; and that at the time of his death he was in partnership…

1Opinion of the CourtWalker, J.

The first question presented by this record is, what effect was produced upon the rights and liabilities of the parties, by the execution of their additional bonds, by the administrators ? The seventy-ninth section, of the statute of wills, authorizes the security on an administrator’s or executor’s bond, to file his petition in writing, in the probate court, when he shall believe he is in danger of loss, from the misapplication or waste of the assets of the estate, for a rule on the executor or administrator to give a new bond, or counter security to save him free and harmless, from loss.…

2Cited by8 opinions

  1. Clark v. American Surety Co.Illinois Supreme Court · 1897
  2. Thompson v. DekumOregon Supreme Court · 1898
  3. Kaspar v. PeopleIllinois Supreme Court · 1907
  4. Becker v. PeopleIllinois Supreme Court · 1896
  5. People v. CurryIllinois Supreme Court · 1871

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