Guy v. Gericks

Citations

• 85 Ill. 428

Syllabus

<p>1. Heirs—liability for ancestor's debts. Heirs are not liable for the debts of their ancestor where the latter leaves personal estate sufficient to discharge all just demands against his estate.</p> <p>3. Same—declaration. Where a creditor of a deceased person sues the administrator and his heirs jointly, for the debt of the ancestor, the declaration should show that the personal estate of the deceased debtor was not sufficient to discharge the just demands against his estate, or that there was no personal property left, and that there was real estate which had descended to the heirs.</p> <p>3. Limitation—as to claims against estate, where no inventory has been filed. Where an administrator neglects to file an inventory of the real and personal estate of the intestate, there is no Statute of Limitations to bar an action against him on a claim against the estate other than that which would bar an action on the claim itself.</p>