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McCauley v. Peters

Appellate Court of Illinois, Second District
May 15, 1940
305 Ill. App. 485 (Ill. App. Ct. 1940)

Opinion

Gen. No. 9,530. (Abstract of Decision.)

Opinion filed May 15, 1940

ESTATES OF DECEDENTS, § 355sale of land to pay debts, laches. Where executrix delayed in settling the estate and 7 years and 5 days after her appointment a judgment creditor filed petition to have her removed on ground of mental incapacity, the administrator de bonis non with the will annexed who was appointed in her place was not prevented by her delay from proceeding to sell the real estate to pay allowed claims against the estate.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from County Court of McHenry county; Hon. HENRY L. COWLIN, presiding.

Affirmed. Heard in this court at February term, 1940.

Marcus J. Sternberg, for appellant;

D.T. Smiley, for appellee.


"Not to be published in full." Opinion filed May 15, 1940.


Summaries of

McCauley v. Peters

Appellate Court of Illinois, Second District
May 15, 1940
305 Ill. App. 485 (Ill. App. Ct. 1940)
Case details for

McCauley v. Peters

Case Details

Full title:James J. McCauley, Administrator, Appellee, v. Augusta Peters et al…

Court:Appellate Court of Illinois, Second District

Date published: May 15, 1940

Citations

305 Ill. App. 485 (Ill. App. Ct. 1940)
27 N.E.2d 314