Haines v. Hay
Illinois Supreme Court
Writ op Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Sangamon county; the Hon. Robert B. Shirley, Judge, presiding.
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Writ op Error to the Appellate Court for the Third District;—heard in that court on writ of error to the Circuit Court of Sangamon county; the Hon. Robert B. Shirley, Judge, presiding. By the will of Sarah M. Bennett, deceased, the sum of $10,000 was bequeathed to her executor, Samuel H. Treat, on the trust following, viz., the income to be paid to her son, Charles W. Bennett, during his natural life, and on his death the principal sum to be equally divided among his children. This will was not probated, but the trustee, in his lifetime, took charge of the moneys and property of the estate…
1Opinion of the CourtJustice Wilkin
The first error assigned is the allowance of a credit for the items of expense claimed by the administrator. These items were the costs in the circuit court, the costs in the Appellate and Supreme Courts, including the printing of briefs and abstracts, in the former litigation between the cestuis que trust and the administrator over the §10,000 trust fund. The allowance of these expenses was improper. In the first place, the decree of the circuit court, which was entered in that case on June 26, 1891, ordered Bradford, as administrator of the estate of Treat, to pay the costs in due course of…
2Cases cited4 opinions
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- Sherman v. LemanIllinois Supreme Court · 1891
- Meek v. AllisonIllinois Supreme Court · 1873
- Knapp v. MarshallIllinois Supreme Court · 1870
3Cited by5 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Billings v. WarrenIllinois Supreme Court · 1905
- In Re Brown's EstateWashington Supreme Court · 1941
- Jennings v. HillsAppellate Court of Illinois · 1927
- Tucker v. Guaranty Trust Co.Washington Supreme Court · 1941