In Re Estate of Tingos

Mr. PRESIDING JUSTICE ST AMOS

delivered the opinion of the court:

This is an appeal by an executor from an order entered on May 10, 1977, in a decedent’s estate pending since April 1973, ordering the executor to make a partial distribution to two heirs and legatees of decedent, without requiring them to post a refunding bond. The issues are: (1) whether the trial court’s order is final and appealable by the executor; and (2) whether the trial court erred in entering the order for partial distribution without requiring a showing that there are sufficient assets to pay claims against the estate…