Munroe v. People

Citations

• 102 Ill. 406
• 1882 Ill. LEXIS 46

Syllabus

<p>1. Administration of estates—appointment of 'administrator dc bonis non—whether properly made. Until a valid revocation of letters of administration already granted on an estate is made, the county court has no power or jurisdiction to appoint another as administrator de bonis non of the same estate, and an order for such appointment under such circumstances is absolutely void.</p> <p>2. Same—power to revolee letters of administration—and upon what grounds. The county court, in the# absence of statutory authority, has no power to remove an administrator, or to revoke letters of administration, after the administrator has accepted and qualified, and entered upon his duties. And until some one of the causes mentioned in the statute is placed before the court for action, the court has no power to act at all, or, in other words, has no jurisdiction.</p> <p>3. In this case the only facts stated in a petition for the removal of an administratrix were, that she had failed and neglected to pay the petitioner the amount of his claim allowed against the estate, although the estate was solvent, and all other allowed claims had been paid, and that she had become the owner, by deed from the heirs, of the only tract of land on which the judgment of the creditor was supposed to be a lien; that to satisfy his demand it would be necessary to sell that land, and that under the circumstances the creditor thought it advisable to remove the administratrix and have a new administrator appointed: Held, that the facts stated gave the court no jurisdiction of the subject matter, as the statute gives no power to remove for any such cause.</p> <p>4. Sauk—proceedings upon revocation of letters—proper notice required. On a citation from the county court, served on December 5, 1877, on an administratrix, to appear before that court on the 17th day of that month, and show cause “why she should not pay said claim” of a creditor of the estate, to which she fails to answer or appear, the county c