Moline Water Power & Manufacturing Co. v. Webster
Illinois Supreme Court
Alfred Webster, as administrator de bonis non, filed with the County Court of Rock Island his petition, substantially as follows: To the Hon. Cornelius Lynde, Jr., Judge, etc., and alleges, in substance, that D. Benton Pitts died December 8th, A. D. 1857; that January 12th, 1858, Cyrus Pitts was appointed administrator of the personalty, etc.; that said Cyrus Pitts made an inventory and caused an appraisement bill of the personal, estate, and credits of said D. Benton Pitts,…
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Alfred Webster, as administrator de bonis non, filed with the County Court of Rock Island his petition, substantially as follows: To the Hon. Cornelius Lynde, Jr., Judge, etc., and alleges, in substance, that D. Benton Pitts died December 8th, A. D. 1857; that January 12th, 1858, Cyrus Pitts was appointed administrator of the personalty, etc.; that said Cyrus Pitts made an inventory and caused an appraisement bill of the personal, estate, and credits of said D. Benton Pitts, to be made; that' the appraisement bill amounts to $542.10, besides claims amounting to $234; that said C. Pitts…
1Opinion of the CourtCaton, C. J.
This was a proceeding by an administrator to sell real estate left by the intestate, for the payment of debts. It is not a chancery proceeding, as was insisted upon on the argument.
We have repeatedly decided that the allowance of claims against an estate by the probate court, is not conclusive against the heir in this proceeding, and that he is allowed to contest the validity of such claims. To that rule we adhere.
We have also decided that equitable claims against an estate may be allowed by the probate court, and it would seem to follow that real estate may be sold for their payment. Debts…
2Cited by8 opinions
- Clark v. ThompsonIllinois Supreme Court · 1868
- Bursen v. GoodspeedIllinois Supreme Court · 1871
- Therens v. TherensIllinois Supreme Court · 1915
- Doggett v. DillIllinois Supreme Court · 1884
- Durham v. FieldAppellate Court of Illinois · 1889
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