Cummings v. Fitzgerald

Mr. Presiding Justice Matchett

delivered the opinion of the court.

This is an appeal by respondents, heirs at law and next of kin and legatees of John J. Fitzgerald, deceased, from a decree entered March 24, 1933, by the probate court upon the petition of the executor for leave to sell the real estate of the deceased for the" purpose of paying debts. The proceeding was under section 98 of the Administration Act, Cahill’s St. ch. 3, If-99 (Smith-Hurd’s Ill. Rev. Stats. 1933, ch. 3, sec. 98, p. 95). The petition of the executor was filed August 29, 1932. It avers that John J. Fitzgerald died at…