Weer v. Gand

Citations

• 88 Ill. 490

Syllabus

<p>1. Appeal prom county court—who entitled to, from order transferring claim from seventh to sixth class. Where a guardian dies, having in his hands funds to his ward, his surety on the guardian’s bond, although not a party *0 the record, has a right to appeal from an order of the county court transferring a claim other than the ward’s, allowed as of the seventh class, against the estate of the deceased, and Ordering the administrator to pay it as of the sixth class.</p> <p>2. Administration—of a trust estate. Where a party voluntarily places his property in the hands of another, to control and manage for him as his agent, and afterwards, upon a settlement, takes the note of his agent for the indebtedness due him, and the agent dies, the indebtedness will not be allowed as a claim of the sixth class against the estate of the deceased, notwithstanding he acted as the confidential adviser of the creditor in the management and control of the property so placed in his hands. The relation between the parties was not that of trustee and cestui que trust.</p>