Ryan v. Duncan
Illinois Supreme Court
Appeal from the Circuit Court of Clark county; the Hon. Oliver L. Davis, Judge, presiding. This was a bill in chancery, brought by James C. Ryan, the appellant, administrator of the estate of Nathan Willard, deceased, to remove a cloud from the title,- and to recover possession of certain lands of which it is alleged the said Nathan Willard died seized.
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Appeal from the Circuit Court of Clark county; the Hon. Oliver L. Davis, Judge, presiding. This was a bill in chancery, brought by James C. Ryan, the appellant, administrator of the estate of Nathan Willard, deceased, to remove a cloud from the title,- and to recover possession of certain lands of which it is alleged the said Nathan Willard died seized. The bill alleged that the said Willard was the owner of the premises, and derived his title thereto, by deed, from the master in chancery of Clark county, made upon sale of the premises under a decree of foreclosure of a mortgage of the same,…
1Opinion of the CourtJustice Sheldon
If for no other reason, we think the decree of dismissal of the bill must be sustained upon the ground of the inability of an administrator to maintain a bill of this character.
The administrator is the sole representative of the personal estate, but not of the real property. The latter descends to and vests in the heirs, over which the administrator has no control or concern, except a mere power to apply for an order to sell the same, when necessary for the payment of debts. This court has repeatedly decided, that an administrator takes neither an estate, title nor interest in the realty, and…
2Cases cited5 opinions
- Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Stone v. WoodIllinois Supreme Court · 1854
- State v. PhillipsTennessee Supreme Court · 1850
3Cited by13 opinions
- People ex rel. Besse v. Village of CrottyIllinois Supreme Court · 1879
- Kaufman v. WienerIllinois Supreme Court · 1897
- Black v. MillerIllinois Supreme Court · 1898
- Sachsel v. FarrarAppellate Court of Illinois · 1890
- Burr v. BloemerIllinois Supreme Court · 1898
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