Duffin v. Abbott
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county ; the Hon. William W. Heaton, Judge, presiding. This was a suit in chancery, brought by the ap>pellees, Asa M. Abbott and Isabel Harrison, as administrator and administratrix de bonis non, of the estate of John Harrison, deceased, against the appellants, John E. Duffin and David Summers, and one Ora B. Crosby, to correct mistakes in the bond of the defendants, given by them as the administrator’s bond of Ora B. Crosby, when…
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Appeal from the Circuit Court of Whiteside county ; the Hon. William W. Heaton, Judge, presiding. This was a suit in chancery, brought by the ap>pellees, Asa M. Abbott and Isabel Harrison, as administrator and administratrix de bonis non, of the estate of John Harrison, deceased, against the appellants, John E. Duffin and David Summers, and one Ora B. Crosby, to correct mistakes in the bond of the defendants, given by them as the administrator’s bond of Ora B. Crosby, when he was the administrator of said estate, whose letters had been revoked, and praying that an account be taken as to the…
1Opinion of the CourtChief Justice Bbeese
Two questions are presented by this record: First, can the appointment of an administrator de bonis non be attacked collaterally ? and second, Is a former administrator, whose letters have been revoked, and his sureties, liable to account to the administrator de bonis non, in an action brought for such purpose?
As to the first point, we deem that settled by the case of Wight v. Walbaum et al. 39 Ill. 563, where it was held that a person being appointed administrator by the proper court, is, at least, administrator defacto, and being such, the regularity of his appointment cannot be questioned…
2Cases cited1 opinion
- Stose v. PeopleIllinois Supreme Court · 1861
3Cited by6 opinions
- Harris v. ChipmanUtah Supreme Court · 1893
- Wandschneider v. WandschneiderIllinois Supreme Court · 1917
- Ruffin v. FarmerIllinois Supreme Court · 1874
- People ex rel. Zimmer v. Pacific Surety Co.Appellate Court of Illinois · 1906
- Kinney v. KeplingerAppellate Court of Illinois · 1897
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