Wachsmuth v. Penn Mutual Life Insurance
Illinois Supreme Court
Appeal from the Probate Court of Cook county; the Hon. Charles S. Cutting, Judge, presiding. Henry F. Wachsmuth died in November, 1900, leaving a will, which was admitted to probate, and appellants were appointed executors. With other real estate he owned two lots on Forty-seventh street, in the city of Chicago, which he devised to his son, Louis C. Wachsmuth, one of the appellants.
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Appeal from the Probate Court of Cook county; the Hon. Charles S. Cutting, Judge, presiding. Henry F. Wachsmuth died in November, 1900, leaving a will, which was admitted to probate, and appellants were appointed executors. With other real estate he owned two lots on Forty-seventh street, in the city of Chicago, which he devised to his son, Louis C. Wachsmuth, one of the appellants. Between three and four months after Henry F. Wachsmuth’s death, while his estate was in process of administration, Louis F. Wachsmuth, the devisee of the Forty-seventh street property, mortgaged it for $15,000,…
1Opinion of the Court
Mr. Justice; Dunn
delivered the opinion of the court:
This appeal should have gone to the Appellate Court. No freehold is involved and there is no other ground for an appeal to this court. In an ordinary petition by an administrator to sell real estate no freehold is involved. (Frier v. Lowe, 207 Ill. 410; Fields v. Coker, 161 id. 186.) It is only in cases where the title is put in issue that a direct appeal lies to this court. (Lynn v. Lynn, 160 Ill. 307; Richie v. Cox, 188 id. 276; Roberson v. Tippie, 215 id. 119.) “A freehold is involved, within the sense and contemplation of the…
2Cases cited5 opinions
- Lynn v. LynnIllinois Supreme Court · 1895
- Malaer v. HudgensIllinois Supreme Court · 1889
- Ducker v. Wear & Boogher Dry Goods Co.Illinois Supreme Court · 1893
- Frier v. LoweIllinois Supreme Court · 1904
- Thomas v. WatersIllinois Supreme Court · 1904
3Cited by12 opinions
- Becker v. FinkIllinois Supreme Court · 1916
- Chicago Title & Trust Co. v. TiltonIllinois Supreme Court · 1912
- Retzinger v. RetzingerAppellate Court of Illinois · 1925
- Severy v. MgDougallIllinois Supreme Court · 1913
- In re Estate of DuffieldAppellate Court of Illinois · 1930
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