Fitzgerald v. Glancy

Citations

• 49 Ill. 465

Syllabus

<p>1. Error—writ of-—will lie to county court to review proceedings granting an ordo• 'to sell the real estate of decedents. A writ of error will lie to the county court, to review the proceedings of that court in granting an order to sell the real estate of a deceased person, on application by the administrator. Unknown Heirs of Langworthy v. Baker, 23 Ill. 484.</p> <p>2. Executors and administrators—real estate of decedents—cannot he sold— except to pay existing debts. An order to sell the real estate of a decedent will not be made except to pay debts due and owing at the death of the decedent. Dorman et ux. v. Tost, et al., 13 Ill. 127.</p> <p>3. Same—order to sell real estate to pay debts contracted by the administrator— void. And an order of the county court directing the sale of the real estate of a deceased person, to pay debts which were created by the administrator after the death of the intestate, is void.</p> <p>4. Same—the expenses of unnecessary administration—not such a debt as would justify a sale of the land. And where, at the time letters of administration are granted, there are no debts existing, and no question of distribution requiring the intervention of an administrator, the expense of administering, the result of unnecessary interference, cannot be regarded such a debt as would justify a proceeding to sell the land to pay it.</p> <p>5. Same—administration—letters of-—when may be issued after the lapse of seven years after the death of a decedent. The lapse of seven years after the death of a decedent constitutes a bar to granting letters of administration, but which bar may be removed by showing circumstances which prevented an earlier application for them.</p>