Shephard v. Rhodes
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. Charles "W. Rickitson, a citizen of Pennsylvania, died in Pittsburgh, in that State, on the 27th day of September, 1866, leaving a will, which was probated in the proper court in that State on the 15th day of October, 1866. The executors named in the will renounced, and letters of administration, with the will annexed, were granted to William Phillips.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. Charles "W. Rickitson, a citizen of Pennsylvania, died in Pittsburgh, in that State, on the 27th day of September, 1866, leaving a will, which was probated in the proper court in that State on the 15th day of October, 1866. The executors named in the will renounced, and letters of administration, with the will annexed, were granted to William Phillips. Deceased left assets in Cook county, in this State. On the 5th day of August, 1867, Benjamin F. Quimby, a creditor of Rickitson, residing in Cook county,…
1Opinion of the CourtJustice ThorNTON
The deceased died testate, in Pennsylvania, where his will was proved and recorded. At the time of his death he had creditors, and owned real estate, in Illinois.
Without any knowledge of the existence of the will, letters of administration were granted to Quimby, in this State, and after the discovery of the will they were revoked, and letters with the will annexed were granted to appellant.
If the letters to Quimby were valid, then the claim of ap-pellees is barred, having been presented after the lapse of two years from the grant of the letters, and it was error to allow it to be paid in the…
2Cases cited1 opinion
- Wight v. WallbaumIllinois Supreme Court · 1864
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