Branch v. Rankin

Citations

• 108 Ill. 444
• 1884 Ill. LEXIS 1498

Syllabus

<p>1. Administrator with the will annexed—on application of foreign creditor. A foreign debtor, owning real estate here, died testate, and. letters testamentary were granted in the State of his domicile, and claims allowed against the estate, which proved insolvent. It was held, our statute authorized the county court to grant letters of administration with the will annexed, on the application of a creditor residing in such foreign State. The words, “any person interested,” in section 46, chapter 3, of the Revised Statutes of 1874, are not limited to a person residing in this State, but are general, with no limitation in this respect.</p> <p>2. Same—statute relating to letters with will annexed, construed. Sections 36, 37 and 38, of chapter 3, of the Revised Statutes, providing for the appointment of an administrator with the will annexed, and in what cases such appointment may be made, have reference only to the ordinary case of a principal administration in this State, and do not apply in the case of an ancillary administration. Sections 42 and 43, of the same chapter, seem to contemplate that there may be an executor in a foreign State, and an administrator with the will annexed in this State.</p> <p>3. Same—no priority in ancillary administration. The grant of letters of administration with the will annexed, to the public administrator, upon the estate of a deceased non-resident debtor, on the application of a nonresident creditor whose claim has been allowed in the State of the decedent’s domicile, will not necessarily give such creditor an undue advantage over other foreign creditors. They may have their claims also allowed here, and share in the assets.</p>