Wolf v. Ogden

Citations

• 66 Ill. 224

Syllabus

<p>1. Administrator’s sale of land to pay debts&emdash;limitation as to time for making application. While there is no statute of limitations barring proceedings by administrators for the sale of lands to pay debts, yet the right to sell the real estate of a deceased person for such purpose will be barred after the lapse of seven years, unless the delay can be satisfactorily explained; and in this respect each case must rest upon its own peculiar facts.</p> <p>2. Where the intestate died in. 1856, and petition by his administrator for an order to sell land to pay debts was filed for the first time in 1871, containing no explanation for the extraordinary delay, but the court found in the decree that it was excused from the fact that the premises were occupied as a homestead by the widow and family for a considerable time after the death of the decedent, and the belief of the administrator and creditors that the right continued in the youngest child, who received the rents while the family did not occupy the premises, and the record failed to show the value of the land: Held, that the court erred in ordering a sale, as the great delay was not accounted for; and that the facts found by the court afforded no reasonable explanation.</p> <p>8. Homestead&emdash;right of minor child to. Where a party dies, having a homestead right, leaving his family in the occupancy of the premises, that right in the premises will continue until the youngest child attains his or her majority.</p> <p>i. Same&emdash;abandonment. Where land claimed as a homestead was sold by the administrator of the estate under a decree of court to pay debts, there being no allegation in the petition of any abandonment of the right; but the decree of the court recited that the homestead at the date of the decree had been abandoned, there being no such evidence in the record on' that point: Held, that the decree was erroneous.</p> <p>5. Administrator’s proceeding to sell land&emdash;^preserving evidence. In a