Propst v. Meadows
Illinois Supreme Court
This was a proceeding in chancery, by bill and injunction, brought by John Propst, as sole executor of Nicholas Propst, deceased, against Alexander Meadows. The bill alleges, that at a term of the County Court, in and for the county of Menard, held on the 19th of March, 1850, it was, among other things, ordered as follows: “ Estate of Nicholas Propst, deceased.
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This was a proceeding in chancery, by bill and injunction, brought by John Propst, as sole executor of Nicholas Propst, deceased, against Alexander Meadows. The bill alleges, that at a term of the County Court, in and for the county of Menard, held on the 19th of March, 1850, it was, among other things, ordered as follows: “ Estate of Nicholas Propst, deceased. “ This day was presented a note dated September 9th, 1833, drawn in favor of deceased, for one hundred dollars, with twelve per cent, interest from date, which said note was assigned by said deceased, to Alexander Meadows, on the 10th…
1Opinion of the CourtCaton, J.
The first question to be considered is, Had the executor such notice of the presentation of the claim as the law required, to authorize the County Court to proceed to adjudicate upon it ? This involves the consideration of several sections of our Statute of Wills, by which the practice in such case is regulated. The 95th section requires the executor to give notice to all persons having claims against the estate to attend, at a specified time of the Probate Court, for the purpose of having their claims adjudicated, and provides, “ if no objection be made to said claim by the administrator,…
2Cited by50 opinions
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