Shepard v. National Bank of Lawrence County
Illinois Supreme Court
Writ op Error to the Circuit Court of Cook county; the Hon. John G. Bogers, Judge, presiding. This was a claim filed by the defendant in error against the estate of Charles W. Bicketson, deceased, Henry M. Shepard being the administrator de bonis non of said estate. The claim was allowed in the county court of Cook county, and taken by appeal to the circuit court. The claim was not exhibited until after two years from the date of the first letters of administration granted.
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Writ op Error to the Circuit Court of Cook county; the Hon. John G. Bogers, Judge, presiding. This was a claim filed by the defendant in error against the estate of Charles W. Bicketson, deceased, Henry M. Shepard being the administrator de bonis non of said estate. The claim was allowed in the county court of Cook county, and taken by appeal to the circuit court. The claim was not exhibited until after two years from the date of the first letters of administration granted. On the trial of the appeal, the circuit court rendered judgment “that the said plaintiff do have and recover from the…
1Opinion of the CourtJustice Breese
Plaintiff in error seems to place much stress on the word “find,” as used in section 115 of the Statute of Wills, a construction of which he is seeking by this proceeding. It appears the administrator himself found certain interests in the county of Cook in February, 1870. In May, 1870, notice of the claim in question was given to the administrator. Letters of administration had been issued to one Quimby on the 7th of August, 1867, and the question arises,-did the circuit court decide correctly in allowing this claim to be paid out of the assets discovered since August 7, 1869, which would…
2Cases cited1 opinion
- Bradford v. JonesIllinois Supreme Court · 1855
3Cited by2 opinions
- Pufahl v. Estate of ParksSupreme Court of the United States · 1936
- Townsend v. ThompsonSupreme Court of Colorado · 1897