Legal Opinion

Emerick v. Hileman

Illinois Supreme Court

Decided December 21, 1898PublishedCited by 5 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Carroll county; the Hon. A. F. Wingert, Judge, presiding. On the 25th day of March, 1893, Ann B. Hileman died in Carroll county, Illinois, leaving an estate amounting to about $14,000, and also left Ade O. Hileman, Lucy Cowen and Naomi Emerick as her children and sole heirs-at-law.

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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Carroll county; the Hon. A. F. Wingert, Judge, presiding. On the 25th day of March, 1893, Ann B. Hileman died in Carroll county, Illinois, leaving an estate amounting to about $14,000, and also left Ade O. Hileman, Lucy Cowen and Naomi Emerick as her children and sole heirs-at-law. Ade O. Hileman was appointed administrator, and at the July term, 1893, he filed in the Carroll county court his inventory in said estate. Among the items of assets of the estate he inventoried a note…

1Opinion of the CourtJustice Craig

The principal controversy in this case arises over the note inventoried at §3900, “less payments,” due from the administrator to the deceased, on which certain payments had been endorsed, and also payments made to his mother in her lifetime, amounting to §972.60, which had not been endorsed, but which the administrator claims should have been endorsed thereon.

Appellant contends that as the payments, amounting to §972.60, were not endorsed upon the back of the note, the administrator should have filed his claim against the estate and had an administrator pro tem appointed to defend, as…

2Cases cited2 opinions

  1. Litch v. ClinchIllinois Supreme Court · 1891
  2. Stafford v. FargoIllinois Supreme Court · 1864

3Cited by5 opinions

  1. Hathaway v. CookIllinois Supreme Court · 1913
  2. Heinrich v. HarriganIllinois Supreme Court · 1919
  3. Phillips v. DuckettAppellate Court of Illinois · 1904
  4. Chicago & Alton Railroad v. WalkerAppellate Court of Illinois · 1905
  5. Raines v. RalloAppellate Court of Illinois · 1980

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