Bowen v. Shay

Citations

• 105 Ill. 132
• 1882 Ill. LEXIS 245

Syllabus

<p>1. Administrator—duly to take security for goods sold on credit at private sale. The statute which requires an administrator to take security for property sold on credit, applies as -well to private as public sales; and if he fails to take security, and a loss follows from the insolvency, of the purchaser, the loss must fall upon the administrator, and not upon the estate.</p> <p>2. The statute does not confer power on the probate court to direct, in the order for selling personal property of an intestate at private sale, that it may be sold on credit, without security. The power conferred on the court is merely to order or direct a private sale in the place of a public one, for cause shown, leaving the law in all other respects in full force.</p>