Hales v. Holland

Citations

• 92 Ill. 494

Syllabus

<p>1. Administration of estates—final settlement—presumption. After an administrator has made a final settlement of the estate, it will be presumed that he has paid out all the assets in his hands, upon claims and to the distributees.</p> <p>2. Same—remedy in chancery. A court of chancery will not entertain a bill for the simple purpose of probating a claim against an estate, where the claim is purely legal in its character, such as a promissory note, even though the note has been destroyed, but will remit the party to the remedy provided by statute for presenting such claims for allowance in the county court.</p> <p>3. Same—presentation of claims after the time appointed for adjustment—notice. Where a claim against an estate is presented to the county court for allowance after the time appointed by the executor or administrator for the adjustment of claims, without having given notice thereof to the personal representative, as required by the statute, or the personal representative shall appear and waive notice, the court will have no jurisdiction of the person of the executor or administrator, and any order made by the court relating to the claim without such jurisdiction will be a mere nullity, and may be questioned even in a collateral proceeding.</p> <p>4. So upon bill in chancery for the restoration of an order purporting to allow a claim, entered upon the records of the county court, but which had been subsequently set aside, it was held, even if a court of chancery would entertain a bill for such purpose, it could not grant the relief in this case, because, at the time of the entering of the order sought to be restored, the county court*did not have jurisdiction of the person of the personal representative of the estate, and the order was void, and could not be restored.</p> <p>5. Decree—as against one not a party. One who is not a party to a bill in chancery can not be required to execute the decree, nor can he be proceeded against for contempt in refusing