Greene v. Grimshaw
Illinois Supreme Court
This was a suit commenced by the appellee before the Court of Probate of Pike county, against the appellant, to recover twenty-five dollars, claimed as a fee, for prosecuting a suit, in the name of Hopestill Ross, as executrix of Henry J. Ross, deceased, against certain parties by the name of Tucker and Sealey.
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This was a suit commenced by the appellee before the Court of Probate of Pike county, against the appellant, to recover twenty-five dollars, claimed as a fee, for prosecuting a suit, in the name of Hopestill Ross, as executrix of Henry J. Ross, deceased, against certain parties by the name of Tucker and Sealey. A judgment was recovered on that suit, against Tucker and Sealey, and the money collected upon it was paid to the appellant as the administrator de bonis non (the executrix having died) of the estate of the said H. J. Ross. Before the Probate Court, the appellee recovered a judgment…
1Opinion of the Court
Opinion by Treat, C. J.:
It satisfactorily appeared in evidence, that the services of the appellee were rendered for the benefit of the estate of Henry J. Ross. He was retained by the executrix of the estate, to prosecute a suit on a note made payable to her, as executrix. The suit was brought and a judgment obtained in her favor, as executrix. After her death, the judgment was collected, and the money paid over to the appellant, as the administrator de bonis non of Henry J. Ross. He treated the proceeds of the recovery as assets of the estate. It is clear, therefore, that the note was, in…
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