Wallace v. Chicago & Erie Stove Co.
Appellate Court of Illinois
Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. The estate of Joseph Wallace being under administration in the Probate Court of Cook County, an affidavit was filed therein setting forth in substance, that the Chicago & Erie Stove Company is a limited corporation organized under tire laws of the State of Pennsylvania, and that said company is a large creditor in the estate of Joseph Wallace, deceased; that the executrix of said Wallace,…
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Appeal from the Circuit Court of Cook County; the Hon. Frank Baker, Judge, presiding. The estate of Joseph Wallace being under administration in the Probate Court of Cook County, an affidavit was filed therein setting forth in substance, that the Chicago & Erie Stove Company is a limited corporation organized under tire laws of the State of Pennsylvania, and that said company is a large creditor in the estate of Joseph Wallace, deceased; that the executrix of said Wallace, deceased, filed a pretended inventory; that affiant is informed that at the death of said Wallace he was seized and…
1Opinion of the CourtJustice Waterman
The record filed in this court fails to disclose that the Chicago & Erie Stove Company, limited, which alone took an appeal from the order of the Probate Court, has ever filed in the Probate Court any claim, or made, in this proceeding, any proof of any claim, against the estate of the said Joseph Wallace, deceased.
There is no pretense that, save as a creditor of such estate, it would have any right to take an appeal from any order therein made by the Probate Court.
The allegation in an affidavit that one is a creditor, is but a statement of a conclusion. McGesch v. Hooker, 11 Ill. App. 649;…
2Cases cited7 opinions
- Barrett v. HinckleyIllinois Supreme Court · 1888
- Brown v. Miner, Frost & HubbardIllinois Supreme Court · 1889
- Weer v. GandIllinois Supreme Court · 1878
- McGeoch v. HookerAppellate Court of Illinois · 1882
- Wood v. JohnsonAppellate Court of Illinois · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Estate of HarmstonAppellate Court of Illinois · 1973
- Estate of Bacher v. RichterAppellate Court of Illinois · 1931
- Besinger v. CollignonAppellate Court of Illinois · 1948
- Crandall v. Carey-Lombard Lumber Co.Appellate Court of Illinois · 1896
- In Re Estate of HarmstonAppellate Court of Illinois · 1973
1 more not listed; retrieve them via the Exa API.