Opinion
Gen. No. 43,467. (Abstract of Decision.)
Opinion filed November 19, 1946 Released for publication December 3, 1946
ESTATES OF DECEDENTS, § 621 — when executrices would be surcharged for failure to account for note received in payment of estate property. Where pursuant to objection to final report and account, executrices, who were daughters of decedent, were surcharged with $1,000 cash received from sale of decedent's interest in real estate which was sold for consideration of $1,500, evidenced by $1,000 cheek and $500 note, and in which transaction executrices actively joined and consented to delivery of both cheek and note to apply on indebtedness of their mother without accounting therefor in estate, executrices should have been surcharged with entire amount of $1,500, since note for $500 represented part of payment and was asset of estate.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. JULIUS H. MINER, Judge, presiding.
Order affirmed in part and reversed in part and cause remanded with directions; cross-appeal dismissed. Heard in the second division, first district, this court at the October term, 1945.
Frisch DeHaan, for appellant;
George J. Fox, of counsel;
Peter V. Fazio, for appellees.
Not to be published in full. Opinion filed November 19, 1946; released for publication December 3, 1946.