Granjang v. Merkle
Illinois Supreme Court
This was an action of assumpsit by an administratrix against an executor. The plea was the general issue. There was a trial and judgment for Merkle as administratrix, against Granjang as executor. The judgment was for $236.25 and costs, with an award of execution against Granjang, as executor.
1Opinion of the CourtWalker, J.
It is insisted that to entitle a plaintiff to recover his costs against an executor or administrator, there should be an averment in the declaration that the claim sued for had been presented in proper time for allowance in the Probate Court, and that a demand had been made for the debt before suit was brought. In support of this position, some portion of our statute of Wills has been referred to. The 95th section, page 557, R. S. 1845, requires executors and administrators to fix upon some term of the Probate Court, within nine months after obtaining letters, for the settlement and…
2Cited by4 opinions
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- Watts v. HoffmanAppellate Court of Illinois · 1898
- Rosenthal v. MageeIllinois Supreme Court · 1866
- Parker v. WillardSuperior Court of New Hampshire · 1808