Steele v. Steele

Citations

• 89 Ill. 51

Syllabus

<p>1. Appeal—-from county to circuit court. An appeal lies from the county to the circuit court in all matters arising under the statute relating to the administration of the estates of deceased persons, and this includes orders or decrees made granting leave to sell real estate to pay debts.</p> <p>2. Same—statute construed. Section 188 of chapter 37, Rev. Stat. of 1874, does not, either expressly or by implication, repeal any part of section 123 of chapter 3, Rev. Stat. 1874, but appeals may, in the discretion of the party appealing, be prosecuted as provided by either section.</p> <p>3. Evidence — minutes of county clerk. Minutes of the county clerk, to the effect that an executor had been ordered to give an additional bond, and upon his failure to do so was removed, are not admissible in evidence for any purpose. But if such are the facts, the record may be amended so as to show it, and the record, when amended, will constitute the only proper evidence of removal.</p> <p>4. Administration—removal of administrator does not defeat an application to sell real estate. The fact that, an executor or administrator has been removed after petition has been filed to sell lands to pay debts, is no reason for the dismissal of the proceeding. The proceeding can only be delayed until a properly qualified executor or administrator shall be found to proceed.</p>