Stow v. Kimball
Illinois Supreme Court
Defendants in error, by bill filed on the chancery side of the cour-t below, July 6, 1860, state, that Elisha Bailey, August 21, 1848, was seized of one-half acre of land, described by metes and bounds, and made his agreement in writing to sell and convey said premises to David Rattray, (since deceased,) thereby covenanting and agreeing to and with the said Rattray, “his heirs, executors, administrators and assignees,” that upon condition said Rattray, his executors or…
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Defendants in error, by bill filed on the chancery side of the cour-t below, July 6, 1860, state, that Elisha Bailey, August 21, 1848, was seized of one-half acre of land, described by metes and bounds, and made his agreement in writing to sell and convey said premises to David Rattray, (since deceased,) thereby covenanting and agreeing to and with the said Rattray, “his heirs, executors, administrators and assignees,” that upon condition said Rattray, his executors or administrators, should pay $200 in one year, and $200 in two years, from said date, to convey to said Rattray, his heirs,…
1Opinion of the Court
Catón, C. J.
We said in Turney v. Turney, 24 Ill. 625, in a direct proceeding to reverse the order of sale, that the petition in a proceeding like this, should contain the names of the heirs; but that case was finally decided upon another point. We are not prepared to hold that the whole proceeding is void where the heirs are not named in the petition.
The statute, which is the one hundred and third section of our Statute of Wills, says the administrator “shall make out a petition to the Circuit Court of the county in which the administration shall have been granted, stating therein what real…
2Cases cited1 opinion
- Turney v. TurneyIllinois Supreme Court · 1860
3Cited by19 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Moffitt v. MoffittIllinois Supreme Court · 1873
- Morris v. HogleIllinois Supreme Court · 1865
- Citizens' Street Railway Co. v. RobbinsIndiana Supreme Court · 1891
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