Frank v. People ex rel. Hoecker

Citations

• 147 Ill. 105
• 35 N.E. 530

Syllabus

<p>1. Administration—notice required prior to approval of administrator’s final report. Until an administrator of an estate has given notice of final settlement of the estate, the county court is without authority to enter an order approving the final settlement of the estate, and for distribution among the heirs. The administrator’s final report can not be approved by the court without notice to the heirs.</p> <p>2. Same — entry of order approving final settlement nunc pro tunc. Where the administrator has completed the settlement of the estate, and the county court has, in fact, approved his final report, and the order approving it has been omitted by inadvertence or mistake, the court will have power to order the entry of approval nunc pro tunc. But such approval of the final report must be made on proper notice to the heirs and distributees, to entitle its approval to be entered nunc pro tunc.</p> <p>3. Same—order approving final settlement—a judicial act, and conclusive, The approval of the report of an executor or administrator is a judicial act to be done by the court, and when made and entered, according to law, is conclusive upon all the parties before the court.</p> <p>4. Same—citation of administrator to malte settlement. Where the county court has not, in fact, approved of the final settlement reported, the administration will remain open for such further order and proceeding as may be necessary to finally settle and distribute the estate, and upon citation may refuse to approve the report filed, and charge the administrator with such sum of money as shall be found in his hands.</p> <p>5. Administrator—when liable on his bond. The order or judgment of the county court, or circuit court on appeal, finding the amount in the hands of an administrator, while unreversed and in force, is conclusive not only of the amount in his hands, but that the same was at that time liable to distribution; and upon his failure to pay over the same to the persons entitled th