Millard v. Harris

Citations

• 119 Ill. 185
• 10 N.E. 387

Syllabus

<p>1. Appeals—from county court — in respect to separate items of an administrator’s account. The right of appeal is given from any single order of the county court in relation to the settlement of estates and the approval of the accounts of administrators and executors, to the circuit court, and from that court to the further court of review, as provided by statute.</p> <p>2. Each item in ail administrator’s account rendered, is a separate claim, depending alone upon its own merits, having no connection with the other items. An appeal by the administrator from an order or judgment rejecting one or more of his claims against the estate, only brings up for review the propriety of the ruling in respect of rejected items.</p> <p>3. Same—how much of the record is brought up, and of assigning cross-errors in respect to items not involved in the appeal. An appeal from the county court to the circuit court, and from the latter court to the further court of review, brings up so much of the record, only, as relates to the judgment appealed from.</p> <p>4. On the trial of an appeal from the county court, the circuit court rendered judgment overruling certain exceptions to an executor’s final account or report, and partially sustaining certain other exceptions. From the order sustaining the exceptions, the executor alone appealed to the Appellate Court, and the party excepting to the report claimed the right to assign as a cross-error the overruling of the other exceptions: Held, that only the judgment upon the exceptions appealed from was before the court, and that the cross-errors could not be assigned except as to the matters brought up by the appeal.</p> <p>5. Administration oe estates—limitation as to time of presenting claims—payment of claim by administrator, which has not been presented ami allowed. If au administrator -pays off a demand against the estate he represents, within two years after grant of administration, but without its having been allowed in the county c