Fraser v. Fraser
Appellate Court of Illinois
Petition to vacate approval of executor’s report. Appeal from . the Circuit Court of Kane county; the Hon. Duane J. Carnes, Judge, presiding.
1Opinion of the CourtJustice Dibell
Appellants contend that the executors, in the final report of November 28, 1902, committed a fraud upon the court when they therein stated, as to said decree of June 30, 1902, in the chancery suit to relieve the executors from accounting for the proceeds of the foreclosure sales, “which decree is now in full force and effect, and no appeal has been taken therefrom”, when in fact certain legatees had, eight days before, sued out a writ of error from this court to review said decree. While it may well be that perfect candor would have been better observed by the executors if they had also…
2Cases cited4 opinions
- Starr v. WilloughbyIllinois Supreme Court · 1905
- Ure v. UreIllinois Supreme Court · 1906
- Diversey v. JohnsonIllinois Supreme Court · 1879
- Fraser v. FraserAppellate Court of Illinois · 1906
3Cited by6 opinions
- Hulburd v. CommissionerSupreme Court of the United States · 1935
- Noce v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1935
- In Re Estate of KapraunAppellate Court of Illinois · 1959
- Fraser v. ColeCourt of Appeals for the Seventh Circuit · 1914
- Eskildsen v. Chicago Macaroni Co.Appellate Court of Illinois · 1941
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