Morris v. Morris
Appellate Court of Illinois
Appeal from the County Court of Kane county; the Hon. J. W. Ranstead,.Judge, presiding. The appellants, executors of the estate of Morris, applied to the County Court of Kane county for leave to sell real estate to pay debts proved against the estate, 'including $1,286 allowed to the widow, the appellant Rebecca, as her award, she having elected to take money instead of the specific articles named in the statute.
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Appeal from the County Court of Kane county; the Hon. J. W. Ranstead,.Judge, presiding. The appellants, executors of the estate of Morris, applied to the County Court of Kane county for leave to sell real estate to pay debts proved against the estate, 'including $1,286 allowed to the widow, the appellant Rebecca, as her award, she having elected to take money instead of the specific articles named in the statute. The court, upon the hearing, denied the prayer of the petition so far as the claim of the widow was involved, and ordered sale of enough of the real estate to pay the other claims…
1Opinion of the CourtPillsbury, P. J.
The motion to dismiss the appeal having been taken with the cause, is now properly before us for consideration, and will first receive our attention, for if it prevails no other question need be noticed.
The right to an appeal is conferred alone by statute, it not being recognized at common law, and, unless the statute gives the right of appeal in this case to the appellate court, the motion must be sustained and the appeal dismissed.
The act in regard to administration of estates. Chap. 3, R. S., was approved April 1, 1872, and by Sec. 123, appeals were allowed from all judgments, orders and…
2Cases cited1 opinion
- Steele v. SteeleIllinois Supreme Court · 1878