People ex rel. Jarboe v. Lott

Citations

• 36 Ill. 447

Syllabus

<p>1. Administrator —proof required to set aside settlement. Before a court of equity will set aside as fraudulent or illegal a settlement of his accounts, made by an administrator more than sixteen years before the filing of the bill, and approved by the probate court, it will require clear proof of the alleged fraud or illegality.</p> <p>2. Presumptions. Whatever presumptions are to be indulged, in regard to ancient proceedings relating to the settlement of estates, must be in their favor, rather than in behalf of parties who have acquiesced in their legality for many years.</p> <p>3. Orders of probate court — effect of, as proof. The allowance against an estate, of partnership debts, must be considered as at least prima fade proof that the firm assets were wholly insufficient for their payment, and the approval by the court of an account showing their payment, as at least prima facie proof that the firm assets had been exhausted.</p> <p>4. Partnership debts—payment of, by administrator. While the individual creditors of an estate can insist on the full payment of their debts, before the partnership creditors can receive anything from the individual assets, yet, as to the heirs, the mere order of payment is a matter of no moment, provided the partnership debts and the individual debts together fairly absorb all the partnership assets and the assets of the estate.</p> <p>6. Probate justice. A probate justice of the peace had no power to review the official acts of Ms predecessor and set them aside.</p> <p>6. Practice. This court will not notice a deposition introduced into the record, but not read or offered on the hearing, and taken in another case.</p>