Opinion
Gen. No. 10,241. (Abstract of Decision.)
Opinion filed October 14, 1948 Released for publication November 2, 1948
ESTATES OF DECEDENTS, § 672 — proceedings barred by laches. Administrator de bonis non with will annexed endeavoring to maintain proceedings in probate court to ascertain whereabouts of bank stock listed among assets of estate devised in trust on ground that executor and trustee had wrongfully prevailed upon beneficiary to sign instruments resulting in settlement of estate was barred from relief by "laches," where more than 46 years had elapsed since closing of estate and record revealed the filing of a receipt and petition by beneficiary showing that he had received all due to him (Ill. Rev. Stat. 1947, ch. 3, par. 335; Jones Ill. Stats. Ann. 110.432).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.
Judgment affirmed. Heard in this court at the February term, 1948.
Harold R. Nettles, for appellant;
Lathrop, Brown Connolly, for appellee;
Roy H. Brown, of counsel.
Not to be published in full. Opinion filed October 14, 1948; released for publication November 2, 1948.