Blanchard v. Williamson

Citations

• 70 Ill. 647

Syllabus

<p>1. Chancery jurisdiction—remedy at law lost. No principle of law is better settled, than that where the law affords a remedy, and the party neglects to avail of it, equity will not assist him after his remedy at law has been barred by the Statute of Limitations.</p> <p>2. Same—of claim against an estate. A court of equity will not assume jurisdiction of a claim against an estate, until the claimant shall have exhibited it and had it allowed in the county court, but, if any reasons that may be deemed sufficient can be assigned why that court can not afford the requisite relief, equity will assist, but not otherwise.</p> <p>3. Consideration—gift. A promissory note executed and delivered by a party as a gift, is not enforceable against the maker’s estate, for want of a valuable consideration to support it. It differs from the case of the delivery of a note or obligation on a third person, which are the subjects of gifts inter vivos or causa mortis.</p> <p>4. Administration—discTiarging administrator. The county court has no legal authority to discharge an administrator before the estate is completely settled, and if it does, the order will be a nullity, and will not prevent a creditor from presenting a claim and having it allowed.</p> <p>5. Limitations—claims against estates. A claim against an estate not exhibited within two years from the granting of administration, may still be presented and allowed as against any assets not inventoried or accounted for, and this may be done at any time before the debt or claim is barred by the general limitation law, but the allowance will be at the expense of the claimant.</p>