Cutter v. Thompson
Illinois Supreme Court
Appeal from, the Circuit Court of Du Page county; the Hon. Sylvanus Wilcox, Judge, presiding. This was a suit in chancery commenced in the Circuit Court of McHenry county, by Cutter, as the administrator of William E. Thompson, deceased, to subject certain lands, located in Du Page county, of which he died seized, to the payment of his debts. The judge having been of counsel in the case, the venue was, by order of that court, changed to Du Page county.
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Appeal from, the Circuit Court of Du Page county; the Hon. Sylvanus Wilcox, Judge, presiding. This was a suit in chancery commenced in the Circuit Court of McHenry county, by Cutter, as the administrator of William E. Thompson, deceased, to subject certain lands, located in Du Page county, of which he died seized, to the payment of his debts. The judge having been of counsel in the case, the venue was, by order of that court, changed to Du Page county. This proceeding was based upon the act of 1857, amending the statute of Wills—and was brought by Cutter, as such administrator, to remove a…
1Opinion of the CourtChief Justice Breese
The case presented by this record must be governed by the case of Phelps, Admr. v. Funkhouser et al. 39 Ill. 401.
• It is true, in the argument and decision of that cause, no reference was made to the act of 1851; it was decided upon the several sections of the statute of “ Wills,” quoted and commented on in that opinion. The conclusion which we reached was, that statute gave no power to an administrator to involve an estate in litigation under a pretense of removing an incumbrance, with a view to a better price when it shall be offered for sale to pay debts. He must take the estate as he…
2Cases cited1 opinion
- Phelps v. FunkhouserIllinois Supreme Court · 1866
3Cited by4 opinions
- Bursen v. GoodspeedIllinois Supreme Court · 1871
- Simms v. GilmoreIndiana Court of Appeals · 1922
- Farmers State Bank & Trust Co. v. RaybornAppellate Court of Illinois · 1925
- Leiter v. LeiterIllinois Circuit Court · 1902