Laycock v. Oleson

Citations

• 60 Ill. 30

Syllabus

<p>1. ADMINISTRATOR — when he may sue in Ms own name — and whether he must prove Ms fiduciary character. It lias been held that, Avliere a -note is made specifically payable to a party described as administrator or guardian, such party may 'bring an action in his own name to recoArer the ° money secured thereby, and will not be required to prove bis fiduciary character. Words descriptive of such character, used in the instrument sued on or in the pleadings, are immaterial, and need not be proved.</p> <p>2. So, in an action to recover the price of personal property purchased at an administrator’s sale, the administrator may sue in his own name, and if he describe himself in the pleadings as administrator, he need not prove such words of description.</p>