Crain v. Kennedy
Illinois Supreme Court
Appeal from the Circuit Court of Washington county; the Hon. Amos Watts, Judge, presiding. This was a bill in chancery, filed by John A. Crain, as one of the executors of the last will of Dempsey Kennedy, deceased, and also guardian, against the two other executors and the devisees, to restrain the sale of .real estate, and to re-state the executors’ account. The court below dismissed the bill.
1Opinion of the CourtJustice Breese
There are no merits in appellant’s proceedings, and the court properly dismissed the bill. There is nothing in the bill justifying an application to a court of equity. We are unable to perceive the interest of complainant, the appellant here, to incite this litigation. If his co-executors have done wrong, they, alone, are responsible—appellant can not be injured thereby. There is a total want of interest in this subject matter in appellant, and the court did right in dismissing his bill.
This case, in principle, is like the case of Heustis et al. v. Johnson, 84 Ill. 61, in which it was held…
2Cases cited1 opinion
- Heustis v. JohnsonIllinois Supreme Court · 1876
3Cited by7 opinions
- Shepard v. SpeerIllinois Supreme Court · 1892
- Minkler v. SimonsIllinois Supreme Court · 1898
- Harding v. ShepardIllinois Supreme Court · 1883
- Duval v. DuvalIllinois Supreme Court · 1894
- Wood v. JohnsonAppellate Court of Illinois · 1883
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