Long v. Thompson

Citations

• 60 Ill. 27

Syllabus

<p>1. Notice — necessity thereof \\ in judicial proceedings. The principle is very general, subject to few exceptions, that all persons whose rights are to be affected by an order or judgment of a court, must have notice, actual or constructive, of the pendency of the proceeding against them.</p> <p>3-, Same — in respect to an order of distribution of money of an estate. In case of a surplus remaining in the hands of an administrator from the sale of lands directed to he sold to pay debts, an order made by the probate court for its distribution, without notice to those entitled thereto, is void.</p> <p>3. Obdee of distribution — setting it-aside at a subsequent term. Where a probate court improperly made an order for the distribution of money in the hands of an administrator, without notice to. those entitled thereto, there having been no final settlement of the administration, and nothing done under the order of distribution, the whole matter was in fieri, and it was competent for the probate court, on notice to the administrator, to set aside such order at a subsequent term.</p>