James Morgan v. Hoyt

Citations

• 69 Ill. 489

Syllabus

<p>1. Insane febsons—allowance of claims against estate. There is no statute authorizing the allowance of claims against the estate of an insane person in the hands of his conservator, and the allowance of the same in the county court will be a nullity.</p> <p>2. Same—•remedy of creditor. The proper remedy of a creditor of one who is adjudged to be insane, is by suit against the conservator as his representative, under which the creditor may have any property of the insane person sold under execution.</p> <p>3. Same—liability of conservator on his bond. Where a conservator of an insane person has presented his final report to the county court, which is approved, and turns over all the property in his hands to such person after his recovery; and is discharged, he will not be liable to an action on his bond by a creditor of such person for not paying the debt owing to such creditor.</p>