« ForrigeFortsett »
dx.ct to amend an Act entitled, “An Act in regard to the administra
tion of estates," approved April 1, 1872, in force July 1, 1872, as amended, by amending sections 11, 32, 59, 90, 112 and 1.30 thereof, and by alding thereto three sections, to be known as sections 1.36, 1:37 and 1:38. SECTION 1.
Be it enacted by the People of the State of Illinois, represented in the General Assembly: An Act entitled: "An Act in regard to the administration of estates", approved April 1, 1872, in force July 1, 1872, as amended, is amended, by amending sections 11, 32, 59, 90, 112 and 130 thereof, and by adding thereto three sections, to be known as sections 136, 137 and 138, the amended and added sections in read as follows:
$ 11. During any contest in relation to the probate of any will, testament, or codicil, before the same is recorded, or until a will which may have once existed, but is destroyed or concealed, is established, and the substance thereof committed to record, with proof thereupon taken, or during any contest in regard to the right of executorship, or to alminister the estate of any person dying either testate or intestate, or whenever any other contingency happens which is productive of great delay before letters testamentary or of administration can be issued upon the estate of such testator or intestate, to the person or persons having legal preference to the same, the ('ounty Court may appoint any person of persons as administrators, to collect and preserve the estate of any such decedent, until probate of his will, or until other administration
‘of his estate is granted, taking bond and security for the collection, preservation and administration of the estate, making an inventory thereof, and safe-keeping and delivering up the same when thereunto required by the court, to the proper executor or administrator, whenever they shall be admitted and qualified as such. Such administrator to collect shall have such powers and authority as is vested by law in an executor or administrator, provided the same be exercised under and subject to the direction and order of the court, first obtained.
§ 32. When any court grants letters testamentary or of administration, of the estate of any person deceased, without taking good security as aforesaid, or when any security heretofore or hereafter taken becomes in the judgment of the court insufficient, the court may, on the application of any person entitled to distribution, or otherwise interested in such estate, or on its own motion require such executor or administrator to give other and sufficient security; and in default thereof the letters testamentary or of administration, shall be revoked, and administration de bonis non granted; but all acts done according to law by the executor or administrator so removed prior to such revocation, shall be valid.
§ 59. Every appraiser appointed under this Act shall be entitled to the sum of $2.00 per day for each day's necessary attendance in making all such appraisements, or such additional fees, compensation and charges as the court may deem reasonable and just, to be allowed by the County Court, and paid upon its order by the executor or administrator.
If the administrator or executor of an estate discovers, at any time after an inventory and appraisement of the property is made, that the personal property and assets of the estate do not exceed the amount of the widow's allowance, after deducting the funeral expenses and other necessary expenses incurred, such administrator or executor shall report the facts to the court, and if the court finds the report to be true it shall order said property and assets to be delivered to the widow by the administrator or executor, and discharge the executor or administrator from further duty; but such executor or administrator shall first pay out of the property and assets the costs and expenses of administration and funeral expenses. After the court orders the delivery of such property and assets to the widow, the clerk of said court shall make and deliver to her a certified copy of the order, under seal, which shall vest her with complete title to said property and assets, and enable her to sue for and recover the same in her own name and for her own use. Such widow shall not be liable for any of the decedent's debts or liabilities, excepting the funeral expenses of the deceased. If, upon affidavit being filed with the clerk of said court, that such administrator or executor fails or refuses to report in any case provided for in this section, the court may order a citation and attachment to issue as in other cases of a failure of administrators to report. And on a discovery of new assets, administration may be granted as in other cases, and charged to the account of the estate.
$ 90. Upon the committal of waste by the surviving partner or partners, or when, in the judgment of the court, it is to the best interest
of the estate of said decedent, the court may, upon proper application, under oath, setting forth specifically the facts and circumstances relied on, protect the estate of the deceased partner, by citing forthwith the surviving partner or partners to give security for the faithful settlement of the affairs of the co-partnership, and for his accounting for and paying over to the executor or administrator of the deceased whatever shall be found to be due, after paying partnership debts and costs of settlement, within such time as shall be fixed by the court. The giving of such security may be enforced by attachment, or, upon refusal to gire such security, the court may appoint a receiver of the partnership property and effects with like powers and duties of receivers in courts of chancery; the costs and expenses of proceedings under this section to be paid by the executor or administrator, out of the estate of the deceased, or by the surviving partner, or partly by each, as the court
$ 112. All executors and administrators shall exhibit accounts of their administration for settlement, to the County Court from which the letters testamentary or of administration were obtained, at the first term thereof, after the expiration of one year after the date of their letters, and in like manner every twelve months thereafter, or sooner, if required by the court, until the duties of their administration are fully completed: Provided, that no final settlement shall be made and approred by the court, unless the heirs at law of the decedent and the legatees under the will, and the creditors, if any, of the decedent, whose bequests or allowed claims have not been satisfied, have been notified thereof, in such manner as the court may direct.
$ 130. Whenever real estate is required to be sold, for the payment of debts and costs and expenses of administration, or for the purpose of satisfying a legacy which is a charge upon such real estate, the court may make all necessary orders to coerce the executor or administrator to make immediate application for an order to sell such real estate.
$ 136. Depositions of witnesses in all proceedings under this Act shall be taken in the same manner, as near as may be, as is now or may hereafter be provided by law for the taking of the depositions of such witnesses in suits at law or in chancery.
$ 137. Where it appears that a legacy provided by the will of a decedent is a charge express or implied upon the real estate of decedent, and there is not sufficient personal estate of said decedent out of which such legacy can properly be satisfied, or such legacy is not otherwise paid, satisfied or lapsed, then the County or Probate Court of the county where letters testamentary or of administration with the will annexed were issued, may upon the filing of a petition therefor by the executor or administrator, order the sale of real estate upon which such legacy is a charge, or so much of said real estate as may be necessary to satisfy such legacy, together with the costs and expenses of such proceeding. The mode of commencing such proceedings shall be by the filing of a petition by the executor or administrator with the will annexed, in the County or Probate Court of the county where letters testamentary or of
administration with the will annexed were issued. The widow, surviving husband, heirs and devisees of the testator or testatrix, and the guardians of any such as are minors, and the conservator of such as have conservators, and all persons holding liens against the real estate described in the petition, or any part thereof, or having or claiming any interest therein in possession or otherwise, shall be made parties. If there are persons interested in the premises whose names are not known, then they shall be made parties by the name of unknown owners. The practice and procedure in such cases shall be the same, as near as may be, as the practice and procedure in proceedings for the sale of real estate by executors and administrators to pay the debts of decedents. ceeds of the sale of the real estate, after the payment of legacies which are a charge and lien thereon, and the costs and expenses of such proceedings, shall be paid over to the devisces, heirs at law, or other persons thereunto entitled as their interest therein may appear.
$ 138. If the executor or administrator shall fail to present a full, complete and true account, as required by law, the County or Probate Court shall have full power to state such an account, which account so stated by the court when entered of record shall be binding and conclusive against such executor or administrator and the surety or sureties on his bond or bonds, subject, however, to the right of appeal as in other cases.
APPROVED June 28, 1919.
Adds section 111a, Act of 1872.
Administrator to ex
ecute deed for property conveyed in contract petition to be filed.
(HOUSE Bill No. 497.
APPROVED JUNE 23, 1919.) An Act to amend an Act entitled: "An Act in regard to the administra
tion of estates," approved April 1, 1872, in force July 1, 1872, by adding thereto a new section to be known as section 111a.
SECTION 1. Be it enacted by the People of the State of Illinois.
sented in the General Assembly: An Act entitled: "An Act in regard to the administration of estates," approved April 1, 1872, in force July 1, 1872, is amended by adding thereto a new section to be known as section 111a to read ils follows:
$ 111a. In any case where the decedent, being the owner of real estate, during his life time, entered into a contract or bond for a deed with another person for the conveyance of such real estate to such other person upon compliance with certain conditions mentioned in such contract or bond for deed and died before all of said conditions were complied with, it shall be the duty of the administrator or executor of the estate of the deceased person, if such other person was not in default at the time of the death of the owner of such real estate, and if such other person has since the death of such owner complied with all the conditions in said contract or bond for a deed, to file his petition in the
court by which he was appointed or in which he was qualified praying that he be allowed to execute a deed or other instrument of conveyance w such other person conveying to such other person all the right and title to such real estate that the owner thereof had, in such contract or tond for a deed, agreed to convey.
Such petition shall be filed with the clerk of such court not less than thirty days prior to the date of the hearing thereon, and shall contain a statement of all the facts in the case together with the names and post office addresses of all the heirs, devisees and legatees of the decedent, if known, and if unknown the petition shall so state, and shall be verified under oath by the petitioner. Upon application, the court shall set the same for hearing without reference to terms of court but not less than thirty days after application is made and shall endorse upon the petition the date of the hearing. Not less than twenty days prior to the date of the hearing on, said petition such clerk shall mail copies thereof showing the date fixed by the court for hearing the same, to each of the parties mentioned in said petition. If the post office address of any of such parties is not given in said petition then publication of the pendency of such petition shall be made for at least three successive weeks prior to the date of the hearing thereon in a newspaper of general circulation published in the county where such hearing is to be had, which notice shall contain the name of the decedent, the heirs at law, legatees and devisees, when known, and the name of the person claiming under said contract or bond for a deed, and the time and place of such hearing. If any one or more of the heirs, devisees or legatres being of legal age and under no disability, shall enter his or their appearance it shall not be. necessary to mail a copy or copies of said petition to him or them. If any one or more of the heirs, legatees or devisees shall be minors the court shall appoint a guardian ad litem for such minor or minors.
If upon the hearing the court shall find that a deed to such real Estate should be executed to the person claiming under such contract or bond for a deed it shall order and direct such administrator or executor to execute the same subject to such conditions as may be just and equitable to all parties concerned, which deed shall be good and sufficient in law to all intents and purposes.
If any such administrator or executor shall fail, neglect or refuse to file such petition, the court upon proper application and showing may tuter an order directing such administrator or executor to file the same.
APPROVED June 23, 1919.