Legal Opinion

Judd v. Ross

Illinois Supreme Court

Decided June 19, 1893PublishedCited by 11 opinions

Appeal from the County Court of Jefferson county; the Hon, William T. Pace, Judge, presiding. This was a petition in the county court of Jefferson county,, by Charles H. Judd, administrator de bonis non of the estate of Patrick Boss, deceased, against Frank P. Boss and others, children and heirs-at-law of Patrick Boss, deceased, for leave to sell real estate to pay debts.

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Appeal from the County Court of Jefferson county; the Hon, William T. Pace, Judge, presiding. This was a petition in the county court of Jefferson county,, by Charles H. Judd, administrator de bonis non of the estate of Patrick Boss, deceased, against Frank P. Boss and others, children and heirs-at-law of Patrick Boss, deceased, for leave to sell real estate to pay debts. It was set out in the petition that Patrick Boss died intestate in Jefferson county, April 8, 1864; that petitioner was appointed administrator de bonis non, October 5, 1892; that James Sherley, former administrator, was…

1Opinion of the CourtJustice Craig

The first question presented involves the legality of the appointment of James Sherley as administrator of the estate of Patrick Boss, deceased. Letters of administration were issued, as it is claimed, by the clerk of the county court of Jefferson county, forty-seven days after the death of Boss, and it is said that Sherley was not entitled to letters, for the reason he was not next of kin, and did not have the relinquishment of the persons who were, nor was he a creditor, nor did he file a petition stating the names of the heirs.

Section 55 of the chapter entitled “Wills,” (Rev. Stat. 1845,)…

2Cases cited1 opinion

  1. Bursen v. GoodspeedIllinois Supreme Court · 1871

3Cited by11 opinions

  1. Clark v. City of ChicagoIllinois Supreme Court · 1908
  2. Graham v. BrockIllinois Supreme Court · 1904
  3. People ex rel. Wells v. LanhamIllinois Supreme Court · 1901
  4. Atherton v. HughesIllinois Supreme Court · 1911
  5. Howe v. BrownIllinois Supreme Court · 1919

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