Legal Opinion

Pearson v. McBean

Illinois Supreme Court

Decided December 17, 1907PublishedCited by 7 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. This was an action of debt commenced by the appellants, as executors of James H. Pearson, deceased, against the appellees, as executors of Duncan S. McBean, deceased, in the superior court of Cook county, on the sixth day of Oc~tober, 1902, to recover the sum of $5000, and interest, which had been paid by Pearson to McBean on the 18th day of May, 1897, in consideration of the assignment by McBean to Pearson of a judgment…

1Opinion of the CourtChief Justice Hand

The controlling question in this case is whether section 70 of chapter 3 of the Revised Statutes, (1 Starr & Cur. Stat.—2d ed.—p. 301,) which provides that all seventh-class claims shall be exhibited to the court for allowance within two years from the granting of letters testamentary or of administration, and that all demands not exhibited within that time shall be forever barred except as to the estate of the deceased not inventoried or accounted for, applies to the claim of appellants. We think that question must be answered in the affirmative, and it must be held that the claim of…

2Cases cited3 opinions

  1. Snydacker v. Swan Land & Cattle Co.Illinois Supreme Court · 1895
  2. Dugger v. OglesbyIllinois Supreme Court · 1881
  3. Stone v. Clarke's AdministratorsIllinois Supreme Court · 1866

3Cited by7 opinions

  1. Pufahl v. Estate of ParksSupreme Court of the United States · 1936
  2. Pratt v. BakerAppellate Court of Illinois · 1964
  3. Yaple v. MahyAppellate Court of Illinois · 1926
  4. Alderson v. Estate of AldersonAppellate Court of Illinois · 1922
  5. Union Trust Co. v. ShoemakerAppellate Court of Illinois · 1912

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