Wallace v. Gatchell

Citations

• 106 Ill. 315
• 1883 Ill. LEXIS 171

Syllabus

<p>1. Administration of estates—exhibiting a claim—what so regarded—to prevent the two years’ limitation. The filing of a copy of a claim against an estate with the clerk of the county court within two years after the grant of letters of administration, is an exhibition of such claim to the county court so as to take the case out of the Limitation law of two years, although no summons or notice is issued or given to the executor or administrator within that period, and the creditor in such case will not be restricted to subsequently discovered or non-inventoried assets for its payment, although allowed after the expiration of the two years.</p> <p>2. Same—when notice should be given to personal representative—and of its purpose. The county court has the power or jurisdiction to receive claims presented for adjustment, without notice or summons to the administrator of the estate. When such a claim is filed after the adjustment term appointed by the administrator, the purpose of the issuing and service of summons on him is to notify him that such claim has already been exhibited, and also to give the court jurisdiction of the person of the administrator, and authorize it to adjudicate the claim.</p> <p>3. • Same—costs as to claim not presented on adjustment day. Where a claim is exhibited against an estate after the time fixed by the administrator for the presentation of claims, the claimant will be liable for all the costs in the county court that might have been avoided by presenting the claim at the adjustment term, which will include at least the costs of the issuing and service and return of the summons against the administrator.</p> <p>4. Same—county court always open for probate business. By an express provision of the statute county courts are always open for probate purposes, which includes the presentation or exhibiting of claims against estates.</p> <p>5. Practice—time to make objection—permitting error to intervene. A party has no right to sit by and permi