Cummins v. Cummins
Illinois Supreme Court
The facts of this case are as follows : Thomas D. Cummins, father of plaintiff in error, died in October, 1834, leaving complainant and two sisters, his children.
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The facts of this case are as follows : Thomas D. Cummins, father of plaintiff in error, died in October, 1834, leaving complainant and two sisters, his children. By his will he appointed H. Hargrave his executor; directed his personal and real estate to be sold by the executor, and the proceeds, after paying debts and a specific legacy, to be paid to John Siddell, who was directed to pay it to John D. Cummins, the defendant, for the use of plaintiff and his two sisters, when they became of age. Hargrave made a settlement in the probate court, showing $675 in his hands, but is not shown to…
1Opinion of the CourtCaton, C. J.
When the testator appointed the defendant guardian to his children, knowing that he resided permanently in Indiana, it may well be inferred that he expected that his brother would remove the children there. Without that, he could not expect that the guardian could take proper care of the wards. The expense of removing the children to Indiana, was a proper charge against the estate of the wards. The principal objection to the allowance for the expenditures for the maintenance of these wards is, that no previous order was obtained from the court of probate for such expenditures. Ordinarily,…
2Cited by5 opinions
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