Tarjan v. Revesz
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. George F. Barbett, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1919.
1DissentJustice Thomson
I am 'unable to concur in the foregoing decision. We have in this case a dispute between the administrator of an estate and another involving the title to personal property. The probate court is without jurisdiction to adjudicate any such issues under the provisions of sections 81 and 82 of the Administration Act (J. & A. 130, 131). In Dinsmoor v. Bressler, 164 Ill. 211, the court said: “The summary proceeding in the probate court to compel the production and delivery of property ‘is not the proper remedy * * * to try contested rights and title to property between the executor and others. ’ *…
2Cases cited8 opinions
- Martin v. MartinIllinois Supreme Court · 1897
- Moore v. BrandenburgIllinois Supreme Court · 1910
- Dinsmoor v. BresslerIllinois Supreme Court · 1896
- People v. WhiteIllinois Supreme Court · 1849
- Rone v. RobinsonAppellate Court of Illinois · 1914
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