In re Corrington

Citations

• 124 Ill. 363
• 16 N.E. 252
• 1888 Ill. LEXIS 971

Syllabus

<p>1. County court—equitable jwisdiction—in the settlement of estates. The county court, as a court of probate, in the settlement of estates and the adjustment of the accounts of executors, administrators and guardians, exercises equitable jurisdiction, so far as may be necessary to adjust the same.</p> <p>2. So if an executor, either through bad faith or by failure to exercise reasonable diligence, diminishes the funds in his hands for distribution under the will, he should be required to account for it, and the county court is clothed with ample jurisdiction and power to compel a just and true accounting, and to require him to charge himself with the deficit.</p> <p>3. Administration of estates—liability of executor or administrator for a devastavit or waste. Acts of negligence in the control or disposition of an estate by the executor or administrator, careless administration of it, or a willful disposition of the assets of the estate, -whereby the rights of creditors or legatees or parties entitled in the distribution are injured, amounts to a devastavit or waste, for which the executor must account.</p> <p>4. Same—sale of land at less than its value—liability of the executor— land to be sold and proceeds divided—a bequest of money, not a devise of land. Where a testator, by his will, directs the sale of his land by the executor, and the division of the proceeds equally among the testator’s children, this will be a devise of money and not a devise of land; and the executor may be held responsible for the value of the land, when he corruptly, or through gross negligence, sells the same for less than its value-,, and the county court may charge him, on final settlement, with such a sum as he might have realized by reasonable care and diligence.</p> <p>5. Same—when executor liable for costs of his accoimting. Where an executor makes out an improper and incorrect account of his administration, or is guilty of such misconduct as to render litigation necessary for the