McGarvey v. Darnall

Citations

• 134 Ill. 367
• 10 L.R.A. 861

Syllabus

<p>1. Administration oe estates—administration in different States— judgment in one State as evidence in another. Where administration is granted in different States to different persons, in respect- to the same estate, there is no privity between the several administrators. Therefore, a judgment against the administrator in one State is not competent testimony to show a right of action against either a domiciliary or an ancillary administrator in another State, so as to affect assets in such other State.</p> <p>2. In a proceeding for the partition of land in this State, one of the defendants, by cross-bill, set up the allowance of a claim in his favor against- the estate of the deceased ancestor in the State of Iowa, the residence of the decedent at his death, and asked to have such judgment paid out of the proceeds of the land in case of a sale, but made no proof of the justness of the claim, other than the production of the judgment of allowance in Iowa: Held, that the cross-bill was properly dismissed for want of proof of the claim, and that the judgment of the Iowa court was not evidence against the heirs of the intestate.</p> <p>3. Same—sale of land topay debts—prior allowance of claim—how far conclusive upon the heirs—and herein, of a judgment in another State. On application to sell lands for the payment of a claim allowed against an estate, such judgment of allowance, even if recovered in the State or jurisdiction where the lands are situate, is not conclusive on the heir, but is only prima facie a charge on real estate. But a judgment recovered in another State, allowing a claim against an estate, is not competent evidence to show even prima facie the validity of such claim, for the purpose of subjecting real estate of the intestate in this State to its payment.</p> <p>4. While there is privity between the administrator and the heir in respect to personal estate left by the intestate, yet in respect oí the realty of which such intestate died seized there i