Hobson v. Payne

Citations

• 45 Ill. 158

Syllabus

<p>1. Administeatoks— application to sell lands. A petition by an administrator to sell lands to pay debts should show that the contingency exists which authorizes the proceeding.</p> <p>2. Where a party residing in another State, dies owning land in this State, the creditors may cause letters of administration to be taken out in this State and prove their claims, and if there is not sufficient assets to pay the debts, the administrator may obtain an order for the sale of land.</p> <p>3. Same — claims against estate must 1)6 legally established. Before an-administrator can obtain an order to sell real estate to pay debts, the claims must be regularly presented and allowed in the county where such application is made.</p> <p>4. It is not sufficient to show that the claims exist or have been allowed by a probate court in another State.</p> <p>5. Same—erroneous decree. Where it appears from, the record, that a decree for the sale of real estate to pay debts, on the application of an administrator, has ibeen made in a case not contemplated by the statute, the decree will be reversed.</p>