McCreedy v. Mier

Citations

• 64 Ill. 495

Syllabus

<p>1. Administration—administrator's duty as to realty. An administrator is not, in all respects, a stranger to the real estate left by his intestate. He is required to inventory it, and is made chargeable with so much of the estate of the intestate, real, personal or mixed, as he shall receive; and when the personal estate is insufficient to pay the debts, he is required to procure an order of court, and convert the realty into assets.</p> <p>2. Same—Ms duty to redeem, lands sold. The statute has authorized an administrator to make redemption of the lands of his intestate from sale on execution or foreclosure of mortgage. Whether or not it is his duty to exercise this power, must depend upon the circumstances of each case, he being held only to the exercise of a reasonable discretion.</p> <p>3. In a case where the amount required to redeem was only a little more than one-fourth of the value of the land sold, and he had in his hands personal assets on which he might have raised the amount necessary to redeem, and where the creditors of the estate were willing to furnish the money for such purpose: Held, that it was a breach of his duty to neglect to make the redemption, for which he was liable.</p> <p>4. Chancery—jurisdiction—mat-administration of an estate. Where the object of a bill in chancery was to charge an administrator of an estate for not properly discharging the duties of his trust, it was held that a court of equity not only had jurisdiction to investigate the question presented, but that adequate relief could only be had in such court. The heirs and creditors were not bound to bring suit upon the administrator’s bond, in such a case.</p> <p>5. Same—sufficiency of bill to sustain decree. In such a case, the heirs and creditors may join in filing the bill; and if it states all the facts necessary to sustain the decree, it will be sufficient, although the bill does not give the true reasons for the relief granted.</p> <p>6. Administratqr—purchasing property