Legal Opinion

Allen

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 4 opinions

Appeal from the Circuit Court of Kane county; the Hon. Hiram H. Cody, Judge, presiding. This is an appeal from an order of the court disallowing certain items in the account of the appellant, Allen, as administrator of the estate of Robert Groch, deceased.

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Appeal from the Circuit Court of Kane county; the Hon. Hiram H. Cody, Judge, presiding. This is an appeal from an order of the court disallowing certain items in the account of the appellant, Allen, as administrator of the estate of Robert Groch, deceased. It appears that Robert Groch, in his lifetime, gave a chattel mortgage on a large lot of brick to one Stenger, to secure the payment of a note of $6,500, dated October 12, 1869. Stenger also had a mortgage on the land of Groch and other property, and after the death of Groch, in July, 1871, he also purchased a mortgage on the brick-yard…

1Opinion of the CourtJustice Scholfield

Appellant, Edward R. Allen, claims the court below erred in not allowing him credit for his account, amounting to §195.45, for costs and expenses in defending the suit of Michael Stenger, prosecuted against himself individually, and also in allowing him but §80 instead of §200 for his commissions and services as administrator de bonis non.

The suit of Stenger against Allen was not a suit against the estate of Robert Groch, but a suit against Edward R. Allen individually. At the time that suit was brought, Allen had no duty to discharge requiring him to defend for the estate. True, he was then…

2Cases cited1 opinion

  1. Allen v. StengerIllinois Supreme Court · 1874

3Cited by4 opinions

  1. Draper v. Franz, Naughton & LeahyAppellate Court of Illinois · 1978
  2. In Re Estate of HaydenAppellate Court of Illinois · 1982
  3. In Re Estate of HaydenAppellate Court of Illinois · 1982
  4. In re the Judicial Settlement of the Account of O'NielNew York Surrogate's Court · 1899

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