Scheel v. Eidman

Citations

• 68 Ill. 193

Syllabus

<p>1. Parties plaintiff—in, joint claim against estate. Where the deceased in his lifetime took out letters of guardianship jointly for several wards, and received a sum of money due them jointly, which was never separated or accounted for by him to them or any of them, either separately or jointly: Held, that a claim against the estate of the guardian for the moneys in his hands, with interest, was properly brought in the joint names of the wards.</p> <p>2. Administration of estates. It was objected that a claim and judgment thereon was against the estate of a deceased person instead of against the executors of his last will. The executors appeared and contested the claim: Held, no error in this respect, as such a proceeding is not, governed by the technical rules applicable to formal suits at law.</p> <p>3. Same—rendering a judgment against the estate of a deceased guardian. A proceeding at the suit of the wards against the estate of their deceased guardian, in the county court, to ascertain the amount due to the wards, may be regarded as the presentation of a claim against the estate of the guardian for allowance, so as to authorize a judgment for the amount found due.</p> <p>4. Guardian and ward—recovery by three wards of the interest of four. In a claim against the estate of a deceased guardian by three of his four wards for moneys belonging to all jointly, the court rendered judgment in favor of the three for the whole sum, upon proof of the report of the death of the fourth one, who was a married woman, it not appearing when or where she died, or whether she left children or not: Held, that the judgment, so far as it included such fourth ward’s share, was erroneous.</p> <p>5. Same—compounding interest. In a claim against the estate of a deceased guardian, who died before the eldest ward became of age, the court allowed compound interest on the sum which came to the guardian’s hands, up to the time of his death, and simple interest from that time to the recove