Davis v. Harkness
Illinois Supreme Court
Bill in Equity, in the McLean Circuit Court, brought by the defendants in error against the plaintiff in error. The cause was heard at the September term 1843, before the Hon. Samuel H. Treat, and a decree rendered in favor of the complainants for the payment of $1292'50 out of the assets of the estate of the defendant’s intestate. The cause was brought into this Court by agreement, upon the following statement of facts.
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Bill in Equity, in the McLean Circuit Court, brought by the defendants in error against the plaintiff in error. The cause was heard at the September term 1843, before the Hon. Samuel H. Treat, and a decree rendered in favor of the complainants for the payment of $1292'50 out of the assets of the estate of the defendant’s intestate. The cause was brought into this Court by agreement, upon the following statement of facts. Samuel Harkness died in Ohio in 1822, leaving Esther, his widow, and Elisha, aged about three years, and Hannah, about one year, his children. The widow was duly appointed…
1Opinion of the Court
The Opinion of the Court was delivered by
Caton, J.*
Two questions are to be determined in the decision of this case. First, whether the complainants below are entitled to any decree against the estate of his plaintiff’s intestate;, and second, if they are, whether the amount allowed them shall be placed in the third classification, as was decreed below.
Whetherthe plaintiff’s intestate came into possession of the complainants’ estate as executor, administrator, guardian or trustee, the plaintiff cannot complain, if we apply the same rule that we would in case of a legally constituted guardian…
2Cases cited1 opinion
- Van Epps v. Van DeusenNew York Court of Chancery · 1833
3Cited by4 opinions
- Citizens State Bank v. ShanklinMissouri Court of Appeals · 1913
- Burton v. WillenCourt of Chancery of Delaware · 1872
- Hobbs v. HarlanTennessee Supreme Court · 1882
- Witwer v. RuthAppellate Court of Illinois · 1919