Freeland v. Dazey
Illinois Supreme Court
This is a suit in chancery, from the Moultrie Circuit Court, filed by Lemuel T. Dazey, Jacob Black and Elizabeth D. Black, his wife, Nancy E. Dazey, by her guardian, and George R. Foster. The said Lemuel T. Dazey and Elizabeth Black, were children of Jenettian Dazey, deceased. Nancy E. Dazey was his grandchild, and Foster a creditor.
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This is a suit in chancery, from the Moultrie Circuit Court, filed by Lemuel T. Dazey, Jacob Black and Elizabeth D. Black, his wife, Nancy E. Dazey, by her guardian, and George R. Foster. The said Lemuel T. Dazey and Elizabeth Black, were children of Jenettian Dazey, deceased. Nancy E. Dazey was his grandchild, and Foster a creditor. The bill charges that Jenettian Dazey died possessed of considerable personal estate, having made a will, dated November 25th, A. D. 1853, and that by said will, among other bequests, he gave “ to his son, Lemuel T. Dazey, $400, after his estate should be settled…
1Opinion of the CourtCaton, C. J.
We will not question that the court of chancery may, in the exercise of its general jurisdiction, take upon itself the administration of estates, and thus, in the particular case, supersede the jurisdiction of the probate court. In doing this, it will take the whole administration into its own hands, and administer according to the rules laid down in the statute of wills, modified, possibly,, in some cases by the principles, of equity. It cannot interfere with the probate court in the settlement of an estate without taking cognizance of the whole administration.
But the court of chancery will…
2Cited by17 opinions
- Elting v. First National Bank of BiggsvilleIllinois Supreme Court · 1898
- Patterson v. PattersonIllinois Supreme Court · 1911
- Winslow v. LelandIllinois Supreme Court · 1889
- Willis v. FoxWisconsin Supreme Court · 1870
- Kimball v. SalisburyUtah Supreme Court · 1899
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