Colton v. Field, Leiter & Co.

Citations

• 131 Ill. 398
• 22 N.E. 545

Syllabus

<p>1. Contracts—rule, of construction. That which is primarily to be considered in construing instruments of writing, is to ascertain the intention of the parties. Each clause and provision in the writing is to-be read in the light of all the provisions and recitals contained therein.</p> <p>2. Administration oe estates — equality of distribution—■among' creditors of the same class. ' The provisions of the statutes requiring a classification of the claims allowed against the estates, etc., of deceased persons, and their payment in such classes without preference as to-creditors of the same class, are mandatory, and binding upon the courts. In the distribution of the assets of an estate, there can lawfully be no preference of one creditor over another of the same class. So where one creditor, by contesting the final account of an, executor, increases the assets liable to distribution, this will give him no preference over other creditors of the same class, as to such increased assets.</p> <p>3. Same—costs—personal liability of executor or administrator. Where an executor or administrator attempts to secure a final discharge without accounting for all the assets he is lawfully chargeable with, and the creditor objecting to his account finds it necessary to prosecute an appeal in order to procure the reversal of the judgment discharging' him, such executor or administrator will be chargeable individually with all the costs that may have accrued prior to the time the case is brought back to the county court, even though the contestants of the account do not succeed in all their objections to the report.</p> <p>4. But when the executor, after the reversal of the order approving his final report, amends his account, so as to charge himself with the proper sums for which he has been found liable, and the objectors continue their opposition to his discharge, but are unsuccessful, they should be charged with all the costs accruing from such further litigation.</p> <p>5. Same