Hanifan v. Needles

Citations

• 108 Ill. 403
• 1884 Ill. LEXIS 1492

Syllabus

<p>1. Administration of estates—administrator de bonis non—of his powers, generally. It is a rule of tbe common law that the powers and the duties of an administrator de bonis non are limited to the administration of such property belonging to the decedent’s estate as has not already been administered upon by the former executor or administrator.</p> <p>2. Same—u'hat is an administering on property. The conversion of the property of an estate into money by the executor or administrator, is an administering upon such property, within the meaning of the foregoing rule.</p> <p>3. Same—when administrator de bonis non may sue his predecessor. An administrator de bonis non, appointed to fill a vacancy caused by the removal of an executor or administrator, may maintain any appropriate action or proceeding against such removed executor or administrator for any waste, mismanagement or breach of duty in respect to the estate during the administration of the latter, but not so where the vacancy was caused by death. In such case the heirs, devisees or creditors alone can maintain the action.</p> <p>4. Same—revocation of letters—power of the county court—and of the proper citation for that purpose. Under section 30, chapter 3, of the Revised Statutes, relating to the administration of estates, the county court has no power or jurisdiction to revoke the letters of an executor or administrator until he is first cited to appear and show cause0 why they should not be revoked.</p> <p>5. On a citation to an executor, requiring him to appear on the first day of the next term of the county court “and present his account of said estate for settlement, ” in which there is no intimation that he is charged with waste or mismanagement, etc., the county court has no jurisdiction to revoke his letters testamentary.</p> <p>6. On a citation, under section 113, of chapter 3, of the Revised Statutes, to an executor, to appear and settle his accounts, the county court has no power to remove him in