McKean v. Vick

Citations

• 108 Ill. 373
• 1884 Ill. LEXIS 1487

Syllabus

<p>1. Administbatob’s SAmi—limitatioT^-laches. It is the settled doctrine of this court that a delay, when not satisfactorily explained, for seven years- after the grant of letters of administration, in presenting a petition by the administrator for an order to sell real estate to pay debts, is such laches as will bar any relief under it.</p> <p>2. The fact that one of the lots sought to be sold had been assigned to the widow as a part of her dower, and had been and was continuously occupied by her as a homestead, and is still so occupied, is no satisfactory excuse for a delay of nearly thirteen years in making such application.</p> <p>3. Same—where there is already a decree for the sale. A petition of an administrator for leave to sell real estate to pay debts, filed nearly thirteen years after grant of letters, alleged as an excuse for the delay that the real estate belonged to the decedent and two others, as partners, and that about three years after the grant of letters a decree was rendered in favor of the two surviving partners, against the widow and heirs of the deceased, finding that the firm was indebted beyond its personal property, choses in action, etc., and directing such partners to sell and convey such real estate, and apply the proceeds first to the payment of the balance due on the partnership debts, and the remainder, if any, to the administrator of the estate, and that three attempts were made to sell the property, all of which proved abortive. It was held, it not appearing that the partnership debts had yet been paid, there was no occasion for another decree to sell the land, since all the administrator could reach would be the amount remaining after satisfying the partnership indebtedness.</p> <p>4. Decbee—finding of fads contrary to evidence-preserved. Where the evidence in a petition by an administrator for leave to sell real estate to pay debts, is- preserved in the record by a bill of exceptions or certificate, and it does not sustain a reci