Harris v. Douglas

Citations

• 64 Ill. 466

Syllabus

<p>1. Administration—claims—chancery jurisdiction. The law is settled in this State, that a court of equity will not ordinarily assume jurisdiction of claims against an estate, until the claimant shall have exhibited his claim and had it allowed in the county court, and then, if any special reasons can be assigned why that court can not afford the requisite relief, equity will assist him, but not otherwise.</p> <p>2. Same—equity jurisdiction in case of trusts. But where a testator, by his will, makes the payment of his debts a charge upon a portion of his real estate devised, a court of equity will have jurisdiction without first establishing the indebtedness in a court of law, as it is an original ground of equity jurisdiction to declare and enforce trusts.</p> <p>3. Devise—subject to the payment of debts—whether a charge. Where a testator, by his will, provided first for the payment of his debts out of any moneys he might have, with authority to his executors to sell so much of his property, real or personal, at their discretion, as might be necessary to pay the debts, and then provided that, after the payment of all his debts, all the residue of his property, real and personal, should be divided equally between his wife and children, each taking one-half: Held, that such devise created no specific charge or lien upon the estate devised, and consequently no trust so as to give a court of equity jurisdiction of 'claims.</p> <p>4. Where a testator, by his will, provides that, after the payment of all debts, the residue of the estate is bequeathed, it has never been held in this State that such words create any specific charge on the real estate other than the law creates. Such a charge, like that created by law, in case the party dies intestate, is to be enforced by the county court in the due course of administration.</p> <p>5. Even at common law, where the real estate was not chargeable with the payment of simple contract debts in the course of administration, the