Young v. Wittenmyre

Citations

• 123 Ill. 303
• 14 N.E. 869

Syllabus

<p>1. Admxnistbation of estates—sale of land to pay debts—when allowable. In this State the personal property left by a decedent is the primary fund for the payment of all debts against his estate, and it must appear that the personal estate is insufficient to pay the debts, before real estate can be sold for that purpose.</p> <p>2. A person died having his domicile in this State, and personal property in Iowa, and letters of administration in this State were granted to his widow. The appraisers fixed her specific allowance at §2080. She also took out letters of administration in the State of Iowa, and collected money enough to pay all the debts of the estate, including her specific allowance and the costs of administration, but instead of paying her award, she paid §1900 to the heirs, of her own accord, and not by the procurement of the other heirs, leaving the sum due her on the award of $1500, without any personal property remaining with which to satisfy the same; and then filed a petition in this State to sell real estate to pay the debts of the estate: Be Id, that as the personal estate was more than sufficient to'have paid all the debts of the estate, if properly applied, she was not entitled to an order for the sale of real estate.</p> <p>3. Same—of the general administration, and that which is ancillary—• administration in different States. The administration granted in the State of a decedent’s domicile at the time of his death, is the principal administration, and that granted in another State is but ancillary to the other.</p> <p>4. Where the principal administration of an estate is had in this State, and ancillary in another State, it will be the duty of the administrator in such other State to collect all debts due the estate .there, and convert all assets within that juridiction into money, pay all debts established against the estate there, and, after all such debts are satisfied, to pay the balance to the administrator in this State, so that'it may b