Chicago Title & Trust Co. v. Wheeler
Appellate Court of Illinois
Garnishment proceeding. Error to the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Statement by the Court. This writ of error is prosecuted to reverse a judgment in garnishment rendered against plaintiff in error, Chicago Title & Trust Company, as executor of the will of Sarah J. Wheeler, deceased, and in favor of Charles Gr. Wheeler for use of Kate Elkins Daniels, executrix, etc.
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Garnishment proceeding. Error to the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge, presiding. Statement by the Court. This writ of error is prosecuted to reverse a judgment in garnishment rendered against plaintiff in error, Chicago Title & Trust Company, as executor of the will of Sarah J. Wheeler, deceased, and in favor of Charles Gr. Wheeler for use of Kate Elkins Daniels, executrix, etc. On or about January 10, 1902, Sarah J. "Wheeler died, testate, leaving a will wherein she nominated the Chicago Title & Trust Company as executor of her estate. The will bequeathed to…
1Opinion of the CourtJustice Smith
The question upon which this case turns is, whether or mot under our statutes, an executor named in any will may be garnisheed with respect -to any money or other estate ““belonging to any devisee or legatee under any will” by virtue of the Act of 1897, before probate of the will and before letters have been issued by the court in which the will must be probated.
So far as we are advised, this question has not been before the Supreme Court of this state. In passing upon the question, we are therefore compelled to construe the statutes of this state affecting the question in the light of the…
2Cases cited6 opinions
- Chappell v. McKnightIllinois Supreme Court · 1884
- Stagg v. GreenSupreme Court of Missouri · 1871
- Thomas v. CameronNew York Supreme Court · 1837
- Smith v. DennisIllinois Supreme Court · 1896
- In the Matter of the Claim of FlandrowNew York Court of Appeals · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Slatts v. Estate of BernsteinAppellate Court of Illinois · 1918