Legal Opinion

In Re Estate of Nitti

Appellate Court of Illinois

Decided September 15, 1959No. Gen. 47,556PublishedCited by 2 opinions

1Opinion of the CourtJustice Dempsey

The petitioners appeal from an order of the Circuit Court dismissing their petition to revoke letters of administration de bonis non issued to Annette Nitti.

The issues are whether the Probate Court had jurisdiction to grant the letters, and whether the petitioners, as alleged debtors of the estate, can object to the appointment of the administrator de bonis non. The first issue turns upon the words “newly discovered assets” in § 95 of the Probate Act (par. 247, ch. 3, Ill. Rev. Stat. 1957). The pertinent part of par. 274 is as follows:

“When assets are discovered after distribution of the…

2Cases cited3 opinions

  1. Buracker v. SchlipfAppellate Court of Illinois · 1937
  2. In the Matter of Estates of LallaIllinois Supreme Court · 1936
  3. In re Estate of LallaAppellate Court of Illinois · 1935

3Cited by2 opinions

  1. In Re Estate of SmithAppellate Court of Illinois · 1963
  2. In re the Estate of WallerMissouri Court of Appeals · 1977

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