Moore v. Brandenburg
Illinois Supreme Court
Writ or Error to the Appellate Court for'the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar Erdredgr, Judge, presiding. . 'This is a bill in equity brought by plaintiffs in error, Caroline Moore, Frank Brandenburg, George Brandenburg and Mary Jones, against defendants in error, Catherine Brandenburg, Christian Brandenburg, Ruby Brandenburg and Raymond Brandenburg, in the circuit court of LaSalle county, to cancel and…
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Writ or Error to the Appellate Court for'the Second District;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar Erdredgr, Judge, presiding. . 'This is a bill in equity brought by plaintiffs in error, Caroline Moore, Frank Brandenburg, George Brandenburg and Mary Jones, against defendants in error, Catherine Brandenburg, Christian Brandenburg, Ruby Brandenburg and Raymond Brandenburg, in the circuit court of LaSalle county, to cancel and set aside certain gifts, transfers and assignments of money and other personal property made to the defendants in error…
1Opinion of the CourtJustice Farmer
Two questions are involved in this litigation: ' First, do the heirs of an intestate, where there is no administration and no debts, take such title to the personal estate as will enable them to maintain a bill to procure their distributive share of the estate? Second, have the plaintiffs in error an adequate remedy at law for the relief asked? As an incident to the first contention it is also insisted that a court of equity will not, unless the circumstances be unusual, assume jurisdiction to administer an estate. It is undoubtedly true that a court of equity will not ordinarily take…
2Cases cited12 opinions
- Martin v. MartinIllinois Supreme Court · 1897
- Dinsmoor v. BresslerIllinois Supreme Court · 1896
- Lewis v. LyonsIllinois Supreme Court · 1851
- People ex rel. Sexton v. BrooksIllinois Supreme Court · 1887
- Teal v. ChancellorSupreme Court of Alabama · 1897
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Powell v. PennockMichigan Supreme Court · 1914
- Blochowitz v. BlochowitzNebraska Supreme Court · 1936
- In Re McLeod's EstateOregon Supreme Court · 1938
- Sullivan v. Arcola State BankIllinois Supreme Court · 1924
31 more not listed; retrieve them via the Exa API.