Weir v. People

Citations

• 78 Ill. 192

Syllabus

<p>1. Administration—whether money coming to hands of an administrator, who is also executor of sole distributee, is held as executor or as administrator. Where the administrator of an estate qualifies as executor of the will of the sole heir and distributee of his intestate, the receipt of money by him as administrator, after the debts of the intestate are paid, will be regarded as paid to himself, as executor, without any order of court for that purpose, or the giving of any refunding bond, and therefore, after his death, the surety on his bond, as administrator, will not be liable for such money.</p> <p>2. After the death of the administrator and executor, and the appointment of an administrator de bonis non of the estate of which he was executor, it is not in the power of the administrator de bonis non, by settling with the sureties on the executor’s bond, to affect the rights of the surety on the bond of the same person, as administrator, and thereby change the liability that rested upon the sureties in the bond of the deceased party as executor, to the surety on his bond as administrator.</p>