Opinion
Gen. No. 41,098. (Abstract of Decision.)
Opinion filed June 19, 1940
ESTATES OF DECEDENTS, § 66 — executors, removal. In proceeding to remove executors, two whose interests were adverse to estate were properly removed by probate court, the evidence showing that one was a nonresident and the other failing to appeal to circuit court, and circuit court properly held that third executor against whom no charge was made should remain, the probate court being in error in appointing an administrator when one executor had not been disqualified.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. BENJAMIN P. EPSTEIN, presiding.
Affirmed. Heard in third division, first district, this court at February term, 1940.
George Delbert Gray and William H. Haight, for appellant;
J. Paul Dunne, for appellee.
"Not to be published in full." Opinion filed June 19, 1940.