Goeppner v. Leitzelmann

Citations

• 98 Ill. 409
• 1881 Ill. LEXIS 274

Syllabus

<p>1. Administration of estates—allowance of claim—whether conclusive upon the heirs. The allowance of a claim against an estate, in an ex parte proceeding in the county court, is not necessarily conclusive upon the heir. The judgment against the administrator is only prima facie evidence, as against the heir, and is open to investigation on an application for an order to sell the land of the heir for its payment.</p> <p>2. Same—where administrator collects rents—in what capacity chargeable. Although the heir may question the right of the administrator to collect rents arising from the real estate, and claim any money received by the administrator on that account as his own, yet, if the heir choose to treat the money so received by the administrator as in his hands for the payment of debts, the latter can not complain if he is charged therewith, on an application to sell the land of the heir to pay the debts of the estate.</p>