Dickson v. Hitt

Citations

• 98 Ill. 300
• 1881 Ill. LEXIS 257

Syllabus

<p>1. Former adjudication—final settlement of an estate. A final report and settlement of an estate by an executor, pursuant to notice, which are approved by the probate court and the executor discharged, will be conclusive upon creditors of the estate who appeared and contested his claims, and such settlement can not be opened on bill in chancery to impeach the same for mere errors on the part of the probate court.</p> <p>2. Administration—reviewing final settlement for fraud. The failure of an executor to account for cattle inventoried and appraised as assets of an estate, and giving the same to the widow as her separate property, and charging commissions on an uncollected and worthless note, will not be regarded such a fraud as will authorize a court of equity to review the final settlement of the estate, and correct the judgment of the probate court. If such items are claimed as just credits, it is not fraud, and their allowance amounts to an error, only, at the most.</p> <p>3. Same—where property inventoried is claimed by another. Where an executor allows the widow of the testator to retain cattle inventoried by him as assets of the estate, as being her sole and separate property, the fact as to the ownership of the cattle becomes a proper question for the probate court to decide on-the final settlement of the estate, and where the executor is not charged with the same it will be presumed that the matter was presented to and adjudicated by that court.</p>