Bree v. Bree

Citations

• 51 Ill. 367

Syllabus

<p>1. Administrator’s sale of land—to pay debts—requisites of the petition. In a proceeding by an administrator, under the act of 1857, for leave to sell real estate to pay debts, the petition should allege, in order to give the court jurisdiction to order the sale, that an account of the personal estate and debts had been made, as mentioned in the act, or that the decedent left no personal estate of which an account could be made.</p> <p>2. And where the petition alleges that the decedent left no personal estate, such allegation, of itself, is sufficient, upon proof of the fact, to confer jurisdiction upon the court to order a sale of the lands.</p> <p>8. Judgment and decree—when it wiU be presumed that the evidence warranted the decree rendered. And where, in such case, the finding of the court is, that all the material allegations of the petition had been proved, this court will, in the absence of anything in the record rebutting such finding, presume that it was warranted by the evidence.</p> <p>4. This being a statutory proceeding, the evidence need not all be preserved in the record.</p>