Ward v. Durham

Citations

• 134 Ill. 195
• 25 N.E. 745

Syllabus

<p>1. Administration of estates—jurisdiction—allowance of claims after the day appointed. Where a claim is filed in the probate court against an estate after the publication of notice for the presentation of claims, but before the day set for that purpose, and long after the day so set for the adjustment of claims it is allowed, the record failing to show the presence of the administrator or objection on his part, it will, in the absence of allegation and proof to the contrary, be presumed that the cause was continued from term to term. In such case, the court will have jurisdiction both of the subject matter and of the persons, to render the judgment.</p> <p>2. An administrator gives the court jurisdiction of his person by notice for the presentation of claims against the estate, and will be bound to take notice of the orders of the court continuing claims filed on or before the day named in his adjustment notice.</p> <p>3. Same—allowance of claim binds personal property. A judgment allowing a claim against an estate of a deceased person is not only conclusive on the administrator or executor, but also against the heir-at-law or devisee in respect to the personal estate, in the absence of fraud or collusion in its rendition; but it is not conclusive against the lands left by the decedent.</p> <p>4. If the administrator is delinquent in his duty, and not defending against improper claims, the heirs will have a remedy on his bond.</p> <p>5. Same—fraud—in presentation of claim. There is no fraud in the presentation against an estate of a note of the decedent, without disclosing facts which would defeat the allowance of the same.</p> <p>6. Chancery—relief against judgment or decree. To entitle a defendant to relief against a judgment or decree on the ground of fraud, accident or mistake, it must be made evident that he had a defense on the merits, and that such defense has been lost to him without his own omission, negligence or default. The loss of the defense must be