Estate of Mundy v. Mundy

This is a proceeding under section 81 of the Admin-, istration Act [Cahill’s Ill. St. ch. 3, [¶] 82] .and was instituted in the county court of Wabash county. That court found that a certain note and mortgage in the hands of appellant belonged to the decedent at the time of his death and that the same should be turned over to the executor. A motion by appellee to strike the transcript of the record from the files was taken with the case. The first ground of said motion is that appellant failed to give five days’ notice of the time when and the place where she would file her praecipe for a…