Atherton v. Hughes
Illinois Supreme Court
Writ or Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Fulton county; the Hon. Robert J. Grier, Judge, presiding. This was a petition filed March 13, 1909, by Harvey H. Atherton, as administrator de bonis non of the estate of William Hughes, deceased, in the circuit court of Fulton county, for an order to sell real estate to pay debts.
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Writ or Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Fulton county; the Hon. Robert J. Grier, Judge, presiding. This was a petition filed March 13, 1909, by Harvey H. Atherton, as administrator de bonis non of the estate of William Hughes, deceased, in the circuit court of Fulton county, for an order to sell real estate to pay debts. An answer and replication were filed and the cause was referred to a master to take the proofs and report his conclusions. The master took the proofs and filed a report recommending that the prayer…
1Opinion of the CourtJustice Hand
The first contention of the plaintiffs in error is that the defendant in error was not duly appointed administrator of the estate of William Hughes, deceased, and that he, for that reason, did not have the right to petition for the sale of said real estate, as it is said the estate of William Hughes, deceased, had been settled by the original administrator. We do not agree with this contention. If claims against said estate remained unpaid and there was real estate belonging to said estate which was (now that the widow was dead) liable to sale by the administrator of William Hughes, deceased,…
2Cases cited10 opinions
- Millard v. HarrisIllinois Supreme Court · 1887
- Blanchard v. WilliamsonIllinois Supreme Court · 1873
- Stone v. WoodIllinois Supreme Court · 1854
- Roberts v. FlattIllinois Supreme Court · 1892
- Hartman v. SchultzIllinois Supreme Court · 1882
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3Cited by12 opinions
- McCarthy v. William H. Wood Lumber Co.Massachusetts Supreme Judicial Court · 1914
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- Howe v. BrownIllinois Supreme Court · 1919
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