Johnston v. Maples

Citations

• 49 Ill. 101

Syllabus

<p>1. Executors and administrators—duties of-—with respect to assets. It is the duty of executors and administrators, enjoined by law, to reduce the assets of the estate to money, and report the same to the court, to be paid upon debts and distributed among the parties entitled to receive it.</p> <p>2. Same—cannot loan the money of the estate without legal authority. And if an executor loans the money of the estate, unless authorized or required so to do, by the will, he does it in his own wrong, and it operates as a devastavit, and creditors, legatees or distributees, may sue and recover on his bond.</p> <p>8, Same—a reasonable compensation will be allowed—for necessaries furnished, minor heirs having no guardian. And when an executor furnishes the necessary food and clothing for the support of minor heirs, having no guardian, he should be allowed to charge a reasonable compensation therefor.</p> <p>4. Evidence—burden of proof—in suit on an executor's bond. In a suit in chancery on an executor’s bond, by the devisees, for an alleged misappropriation of the moneys belonging to the estate, where the defendant claims that such moneys were paid over by the executor to complainants, it is incumbent on him to satisfactorily establish such fact, the money having been in the hands of the executor, as proved by his report to the court.</p> <p>6. Practice in the Supreme Court—when cross errors must be assigned. Where an appellee, in a chancery suit brought to this court, desires to question the correctness of the decree rendered in the court below, he must assign cross errors, otherwise, this court will not examine the record, to ascertain whether errors have been committed which operate injuriously to him.</p>