Legal Opinion

Heiser v. McClallen

Appellate Court of Illinois

Decided April 29, 1957No. Gen. No. 10,112PublishedCited by 2 opinions

1Opinion of the Court

JUDGE CAEEOLL

delivered the opinion of the court.

This is an appeal from a decree of the County Court of Tazewell county, directing the sale of a 40 acre tract of land to pay debts in the estate of Albert N. McClallen, deceased.

The decedent left a will which was admitted to probate on June 10, 1955. By the first item of this instrument, the testator directs his executor to pay his funeral expenses and all his just debts, including costs of administration as soon after his ■ death as convenient. This item also contains the following direction to the executor:

“I also direct that my Executor pay…

2Cases cited3 opinions

  1. Smith v. GarberIllinois Supreme Court · 1918
  2. Desmarteau v. FortinIllinois Supreme Court · 1927
  3. Rayborn v. Grand LodgeAppellate Court of Illinois · 1924

3Cited by2 opinions

  1. St. Joseph's Clinton County Hospital, Inc. v. KampwerthAppellate Court of Illinois · 1981
  2. In Re Estate of LaasAppellate Court of Illinois · 1985

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