Russell v. Hubbard

Citations

• 59 Ill. 335

Syllabus

<p>1. Administration of estates—recovery can not exceed the account filed. Where a party presents an account against an estate, he is limited in his recovery by the amount claimed, as much as a plaintiff is by the ad damnum in his declaration.</p> <p>2. Same—of costs against an estate. Estates are not answerable for costs on claims filed after the term of the probate court appointed by the admi,.istrator for adjustment.</p> <p>3. Same—of costs against an administrator personally. An administrator can never be made personally liable for costs except upon proof of mala fides or gross negligence on his part.</p> <p>4. Same—effect of the two years’ limitation—of the judgment. Where a claim against an estate was not filed until after the expiration of two j'ears from the granting of letters, the judgment therefor can only be paid out of subsequently discovered assets, and which had not been inventoried and accounted for; and in that regard, the judgment should be special, and not general.</p> <p>5. Remittitub—w7ien and 7mo to be made. A remittitur written in a bill of exceptions after the term at which the judgment was rendered, and in vacation, will not operate to cure an error in the judgment in respect to the matter attempted to be remitted. The remission, to have that effect, should be made during the term off the court, and while the judgment is under its control.</p> <p>6. License to use a wall in building—whether revocable. Where the owner of a lot of ground contemplated the erection of a frame building thereon, the owner of a brick house situated on the line of an adjacent lot proposed to him that if he would build of brick he might use the brick wall of the house for the purpose of attaching thereto the proposed new building. The proposition was accepted, and the new house was built of brick and attached to the wall of the other building, as suggested: Held, that while the license to use and attach to the wall might have been revoked prior to the execution of th