Estate of Vercillo v. Gagliardi

The question at issue in this appeal is whether $5,000.00, received by the executor, Luigi Gagliardi, from the deceased, Carmine Vercillo, was a loan or a gift.

- A citation proceeding under section 183 of the Probate Act (sec. 335, ch. 3, Ill. Rev. Stat. 1959) was brought by a guardian ad litem against the executor. The petition stated it was believed G-agliardi was indebted to the estate. The court found that the $5,000.-00 was a loan and ordered the respondent-executor to deliver the money to the estate.

The respondent questions the jurisdiction of the Probate and Circuit Courts to try an…