Sixth-Where the decedent has received money in trust for any purpose, his executor or administrator shall pay out of his estate the amount thus received and not accounted for; the wages due a servant or laborer for labor performed for decedent within six months previous to death. [As amended June 17, 1887. In force July 1, 1887. L. 18S7, p. 2. [Cruce v. Cruce, 21 Ill. 46; Davis v. Harkness, 1 Gilm. 173; Paschall v. Hailman, Gilm. 285; Turney v. Gates, 12 Ill. 141; Weer v. Gand, 88 11. 492; Wilson v. Kirby, 88 Ill. 566. Seventh-All other debts and demands, of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters, as aforesaid, and all demands not exhibited within two years, as aforesaid, shall be forever barred, unless the creditors shall find other estate of the deceased, not inventoried or accounted for by the executor or administrator, in which case their claims shall be paid pro rata out of such subsequently discovered estate, saving, [*117] however, to femes covert, infants, persons of unsound mind, or imprisoned, or without the United States in the employment of the United States, or of this State, the term of two years after their respective disabilities are removed, to exhibit their claims. [R. S. 1845, p. 561, § 115; Laws 1869, p. 373; Thorn v. Watson, 5 Gilm. 26; People v. White, 1 Ill. 349; Stone v. Clarke, 40 III. 411; Russell v. Hubbard, 59 Ill. 335: Sloo v Pool, 15 Ill. 47; Bradford v. Jones, 17 Ill 94; Peacock v. Haven, 22 Ill.23; Baker v. Brown, 18 ill. 91; Van Alstine v. Lemon, 19 Ill. 394; Reitzell v. Miller, 25 Ill. 67; Wells v. Miller, 45 Ill. 34; Mason v. Tiffany, 45 Ill. 393; Barbero v. Thurman, 49 Ill. 283; Wingate v. Pool, 25 Ill. 118; Hall v. Hoxsey, 84 Ill. 620; Reed v. Colby, 89 Ill. 104; Beebe v. Saulter, 87 Ill. 523. 71. Manner of payment. 71. All claims against estates, when allowed by the county court, shall be classed and paid by the executor or administrator, in the manner provided in this act, commencing with the first class; and when the estate is insufficient to pay the whole of the demands, the demands in any one class shall be paid, pro rata, whether the same are due by judgment, writing obligatory, or otherwise, except as otherwise provided. [R. S. 1845. P. 561, § 120; People v. Phelps, 78 Ill. 149; Gold v. Bailey, 44 III. 491; Lynch v. Rattan, 39 III. 20; Mitchell v. Mayo, 16 Ill. 83. See § 113, post. 72. Demands of executor, etc. § 72. When an executor or administrator has a demand against his testator or intestate's estate, he shall file his demand as other persons; and the court shall appoint some discreet person to appear and defend for the estate, and, upon the hearing, the court or jury shall allow such demand, or such part thereof as is legally established, or reject the same, as shall appear just. Should any executor or administrator appeal in such case, the court shall appoint some person to defend as aforesaid. [R. S. 1845, P. 561, § 121; Johnson v. Gillett, 52 Ill. 358. 73. Entries-classing-payment before allowance. 73. The county court shall make an entry of all demands against estates, classing the same as above provided, and file and preserve the papers belonging to the same. If an executor or administrator pays a claim before the same is allowed as aforesaid, said court shall require such executor or administrator to establish the validity of such claim by the like evidence as is required in other cases, before the same is classed, and be [he] credited therewith. [R. S. 1845, p. 562, § 122. AWARD TO WIDOW OR CHILDREN. 74. Widow's award. § 74. The widow, residing in this State, of a deceased husband whose estate is administered in this State, whether her husband died testate or intestate, shall, in all cases, in exclusion of debts, claims, charges, legacies and bequests, except funeral expenses, be allowed, as her sole and exclusive property forever, the following, to wit: First-The family pictures and the wearing apparel, jewels and ornaments of herself and her minor children. Second-School books and family library of the value of $100. Fourth-Necessary beds, bedsteads and bedding for herself and family. Fifth-The stoves and pipe used in the family, with the necessary cooking utensils; or, in case they have none, $50, in money. Sixth Household and kitchen furniture to the value of $100. Seventh- One milch cow and calf for every four members of her family. Eighth-Two sheep for each member of her family, and the fleeces taken from the same, and one horse, saddle and bridle. Ninth Provisions for herself and family for one year. Tenth- Food for the stock above specified, for six months. Twelfth-$100 worth of other property suited to her condition in life, to be selected by the widow. Which shall be known as the widow's award; or the widow may, if she elect, take and receive, in lieu of the foregoing, the same personal property, or money in place thereof, as is or may be exempt from execution or attachment against the head of a family residing with the same. [See "Exemptions," ch. 52, § 13; L. 1847, P. 168, § 1; Sturgeon v. Burrall, 1 Brad. 546: Brenner v. Gauch, 85 Ill. 368; Miller v. Miller, 82 Ill. 468-9; Phelps v. Phelps, 72 III 545; York v. York, 38 Ill. 526: Kilev v. Loughrey, 22 Ill. 97; Lynch v. Rotan, 39 III. 20; Lewis v. Lyons, 13 Ill. 117; Viele v Koch, 27 Ill. 129; Sutherland v. Harrison, 86 Ill. 374 75. Appraisal - selection-penalty. §75. The appraisers shall make out and certify to the county court an estimate of the value of each of the several items of property allowed to the widow; and it shall be lawful for the widow to elect whether she will take the specific articles set apart to her, or take the amount thereof out of other personal property at the appraised value thereof, or whether she [*118] will take the amount thereof in money, or she may take a part in Droperty and a part in money, as she may prefer; and in all such cases it shall be the duty of the executor or administrator to notify the widow as soon as such appraisement shall be made, and to set apart to her such article or articles of property, not exceeding the amount to which she may be entitled, and as she may prefer or select, within thirty days after written application shall be made for that purpose by such widow. And if any such executor or administrator shall neglect or refuse to comply with the above requisition, when application shall be made for that purpose, he shall forfeit and pay for the use of such widow the sum of twenty dollars per month for each month's delay to set apart said property so selected, after the said term of thirty days shall have elapsed, to be recovered in the name of the people of the State of Illinois, for the use of such widow, in any court having jurisdiction of the same. When there is not property of the estate, of the kinds mentioned in the preceding section, the appraisers may award the widow a gross sum in lieu thereof, except for family pictures, jewels and ornaments. [See &59; L. 1847, p. 168, § 3; R. S. 1845, P. 546, § 49; P. 555, $88; Miller v. Miller, 82 Ill. 470; Strawn v. Strawn, 53 Ill. 263; Sumner v. McKee, 89 Ill. 133; Tilford v. Boggs, 63 Ill. 498. 76. Right to award not affected by renunciation, etc. $76. The right of a widow to her award shall in no case be affected by her renouncing or failing to renounce the benefit of the provisions made for her in the will of her husband, or otherwise. [R. S. 1845, P. 546, § 50; L. 1869, p. 373. See $71, ante; Deltzer v. Scheuster, 37 Ill. 301. 77. Allowance to children. § 77. When the person dying is at the time of his death a housekeeper, the head of a family, and leaves no widow, there shall be allowed to the children of the deceased, residing with him at the time of his death (including all males under eighteen years of age, and all females), the same amount of property as is allowed to the widow by this act. [L. 1845, P. 598, § 4; Lescher v. Wirth, 14 Ill. 39. § 78, repealed. See “Dower,” ch. 41, §§ 10, 13, 47. 78. Equalizing legacies, etc., on renunciation. $79. In all cases where a widow or surviving husband shall renounce all benefit under the will, and the legacies and bequests therein contained, to other persons, shall, in consequence thereof, become diminished or increased in amount, quantity or value, it shall be the duty of the court, upon settlement of such estate, to abate from or add to such legacies and bequests in such manner as to equalize the loss sustained or advantage derived thereby, in a corresponding ratio to the several amounts of such legacies and bequests, according to the amount or intrinsic value of each. [R. S. 1845, P. 545, 8 44; Deltzer v. Scheuster, 37 Ill. 301. 79. Who liable for waste. § 80. If the widow commits waste in the lands and tenements, or the personal estate of the deceased, she shall be liable to an action by the heir or devisee, or his or her guardian, if of real estate, or by the executor or administrator if of personal estate; and if she marry a subsequent husband, he shall be answerable with her, in damages, for any waste committed by her or by her husband himself, after such marriage. [R. S. 1845, p. 545, § 45. COLLECTION AND DISPOSITION OF ASSETS. 80. Concealed, etc., goods, etc.-disclosure, etc. § 81. If any executor or administrator, or other person interested in any estate, shall state upon oath, to any county court, that he believes that any any person has in [his] possession, or has concealed or embezzled, goods, chattels, moneys or effects, books of account, papers or any evidences of debt whatever, or titles to lands belonging to any deceased person; or that he believes that any person has any knowledge or information of or concerning any indebtedness or evidences of indebtedness, or property titles or effects, belonging to any deceased person, which knowledge or information is necessary to the recovery of the same, by suit or otherwise, by the executor or administrator, of which the executor or administrator is ignorant, and that such person refuses to give to the executor or administrator such knowledge or information, the court shall require such person to appear before it by citation, and may examine him on oath, and hear the testimony of such executor or administrator, and other evidence offered by either party, and make such order in the premises as the case may require. [*119] [As amended by act approved and in force March 19, 1873, p. 1; R. S. 1845, P. 556, 890; Wade v. Pritchard, 69 III. 279. 81. Refusal to answer, etc.-commitment. § 82. If such person refuses to answer such proper interrogatories as may be propounded to him, or refuses to deliver up such property or effects, or in case the same has been converted, the proceeds or value thereof, upon a requisition being made for that purpose by an order of the said court, such court may commit such person to jail until he shall comply with the order of the court therein. [R. S. 1845, P. 556, § 90; Williams v. Conley, 20 Ill. 643; Wade v. Pritchard, 69 III. 279. 82. Desperate claims. $83. Upon suggestion made by an executor or administrator to the county court, that any claim, debt or demand whatever belonging to the estate in his hands to be administered, and accruing in the life-time of the decedent, is desperate on account of the insolvency or doubtful solvency of the person or persons owing the same, or on account of the debtor having availed himself of the bankrupt law of the United States, or on account of some legal or equitable defense which such person or persons may allege against the same, or for the cause that the smallness of such claim, debt or demand, and the difficulty of finding the debtors, owing to the remoteness of their residence, or such executor's or administrator's ignorance of the same, the said court may order such claim, debt or demand to be compounded or sold, or to be filed in the said court, for the benefit of such of the heirs, devisees or creditors of such decedent as will sue for and recover the same, giving the creditors the preference, if they or any of them apply for the same before the final settlement of such estate; Provided, that no order for the sale or compounding of any such debts, claims or demands, or any of them, shall be made until two weeks' public notice shall have been given, to all whom it may concern, of the time and place when the said order will be applied for - which notice shall be given by the administrator or executor, in a newspaper published in the county where such application is to be made, or if no such newspaper is published in such county, then by posting up such notices in not less than three public places in the county, of which one shall be at the office of the clerk of the county court- which notice shall be so posted at least two weeks previous to the time of said application. The executor or administrator shall report to the said county court, for its approval, the terms upon which he has settled or disposed of any such claim, debt or demand. [L. 1845, p. 595, $ 1. 83. Avails of desperate claims. § 84. And if such claim is compounded or sold, such executor or administrator shall be chargeable with the avails of such compounding, and if the same is taken by any of the creditors, heirs or devisees, he or they may maintain an action for the recovery thereof, in the name of such executor or administrator, for the use hereinafter mentioned; and upon recovering the same, or any part thereof, he or they shall be chargeable therewith, after deducting his claim or distributive share, with reasonable compensation for collecting the same; and upon such suits the executor or administrator shall not be liable for costs. [L. 1845, P. 595, § 2. 84. Court may order certain claims compounded. 85. The county court may order claims, debts and demands, due at so remote a period as to prevent their collection within the time required for the final settlement of estates, and the collection or disposition of which is necessary to the payment of the debts against the estate, to be compounded or sold in the same manner and upon like conditions as though such claims, debts or demands were desperate or doubtful; Provided, that no such claim, debt or demand shall be sold or compounded for less than ten per cent below the value thereof. [L. 1851, p. 188, 1. 85. Removal of property by executor, etc.- penalty. 86. No executor or administrator shall, without the order of the court, remove any property wherewith he is charged, by virtue of his letters, beyond the limits of this State. And in case any such executor or administrator shall remove such property without such order, the court shall, on notice, forthwith revoke his letters and appoint a successor, and cause a suit to be instituted on his bond against him and his security, for the use of the person interested in the estate; and if it shall appear, [*120] upon the trial of such cause, that the executor or administrator has so removed such property, judgment shall be rendered against the offender and his securities for the full value thereof, and such other damages as the parties interested may have sustained by reason thereof. [R. S. 1845, p. 556, § 94. PARTNERSHIP ESTATE. 86. Duty of surviving partner. § 87. In case of the death of one partner, the surviving partner or partners shall proceed to make a full, true and complete inventory of the estate of the copartnership within his knowledge; and shall also make a full, true and complete list of all the liabilities thereof at the time of the death of the deceased partner. He or they shall cause the said estate to be appraised in like manner as the individual property of a deceased person. [See "Limited Partnership," ch. 84, §§ 4, 13, 14; L. 1869, p. 300, § 1; Heward v. Slagle, 52 Ill. 336; People v White, 11 Ill. 342; People v. White, 12 II. 151; Miller v. Jones, 39 Ill. 54; Remick v. Emig, 42 Ill. 342; Mason v. Tiffany, 45 Ill. 392; Garvin v. Stewart, 59 Ill. 229. |