Marshall v. Rose

Citations

• 86 Ill. 374

Syllabus

<p>1. Administrator’s sade or read estate—can not be ordered unless all parties in interest are in court. The county court has no power to render a decree for the sale of real estate by an executor or administrator, unless all the parties interested in the real estate sought to be sold have been either served with process or have entered their appearance.</p> <p>2. Widow’s award—not conclusive as against heirs on petition to sell real estate. The order of the county court approving the estimate of the appraisers of the value of the widow’s award is not conclusive as against the heirs or devisees upon a petition by the executor or administrator to sell real estate to pay debts, but the propriety and justice of such award may be questioned by them, the same as any other claim allowed against the estate.</p> <p>3. Same-—county court may set aside, but can not modify. Whilst the county court has power, upon a petition by an administrator to sell real estate, to set aside the appraisers’ estimate of the value of the widow’s award, and refer the matter back to the same or other appraisers, it has no power to change the estimate and fix another value.</p>