Child v. Gratiot

Citations

• 41 Ill. 357

Syllabus

<p>1. Administrator — appointment of a non-resident—not allowable. A nonresident cannot legally be appointed administrator, on an estate in this State, not even on the estate of a non-resident dying abroad and leaving effects in this State.</p> <p>2. This rule is deduced from the evident object and policy of the act of 1847, which provides for the removal of an administrator from office, in case he shall remove from the State, and neglect or refuse to make settlement of his accounts on proper notice given for that purpose.</p> <p>3. If, in such case, the administrator who has removed from the State, makes a settlement, his trust thereupon, ipso facto, terminates. If he does not make the settlement, he is to be removed from office.</p> <p>4. Act on 1847, on that subject, as reprinted in 1853, and as it appears in Scates’ Compilation, p. 1238, is not correctly copied from the original session laws, important words being omitted.* </p> <p>5. Revoking letters on administration—where a non-resident is appointed. Should a non-resident be appointed administrator of an estate in this State, it is the duty of the probate court to revoke the appointment on proper application being made.</p> <p>6. Same—by whom, the application may be made. In this case such application was made by an administrator of the same estate, appointed in another State, the domicile of the intestate, and his application was entertained.</p>