McKay v. Riley
Illinois Supreme Court
Appeal from the Circuit Court of Knox county; the Hon. Arthur .A. Smith, Judge, presiding. This was an application by Robert McKay, administrator of the estate of Mary Ann Riley, deceased, to the county court of, Knox county, for a decree directing a sale of real estate belonging to the estate of the intestate, for the payment of debts.
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Appeal from the Circuit Court of Knox county; the Hon. Arthur .A. Smith, Judge, presiding. This was an application by Robert McKay, administrator of the estate of Mary Ann Riley, deceased, to the county court of, Knox county, for a decree directing a sale of real estate belonging to the estate of the intestate, for the payment of debts. It is alleged in the petition that Mary Ann Riley died intestate on or about the fifth day of February, 1889, leaving her husband, Lawrence Riley, and her children, ■ William Riley, Maggie Wilson, Mary Huntley, Thomas Riley, John Riley, Lawrence Riley, Jr.,…
1Opinion of the CourtChief Justice Scholfield
The amendment to section 101, chapter 3, of the Revised Statutes of 1874, approved June 15, 1887, enacts that the practice in applications for decree authorizing the sale of real estate to pay debts of the intestate “shall be the same as in eases in chancery;” that the court may, in such cases, among other things, “investigate and. determine all questions of conflicting or controverted titles arising between the parties to the proceedings.” Before the enactment of our statute permitting parties in interest to testify, (Rev. Stat. 1874, chap. 51, secs. 1, 2, et seq.,) it was competent for one…
2Cases cited2 opinions
- Bradshaw v. CombsIllinois Supreme Court · 1882
- Smalley v. ElletIllinois Supreme Court · 1865
3Cited by4 opinions
- Neish v. GannonIllinois Supreme Court · 1902
- In re Estate of TaltyAppellate Court of Illinois · 2007
- Phillip v. LoveAppellate Court of Illinois · 1894
- People ex rel. Morrison v. SchwiesowAppellate Court of Illinois · 1916