Gambar halaman
PDF
ePub

and actions against officers for misfeasance, malfeasance or nonfeasance of themselves or their deputies, and all actions for fraud or deceit. [See "Injuries," ch. 70, §§ 1, 2; R. S. 1845, p. 563, § 132; "Abatement," § 10. APPEALS.

123. To what courts - bond. $124. Appeals shall be allowed from all judgments, orders or decrees of the county court, in all matters arising under this act, to the circuit court, in favor of any person who may consider himself aggrieved by any judgment, order or decree of such court, and from the circuit court to the supreme court, as in other cases, and bonds with security to be fixed by the county or circuit court, as the case may be.

[Modified as to decrees for sale of land, see "Courts," ch. 37, 8213. See § 68, ante: R.S. 1845, P. 564, § 138; Weer v. Gand, 88 lil. 490; Steele v. Steele, 89 Ill. 51; Morsinger Walt, 16 Ill. 73; Heward v. Slagle, 52 Ill. 336; Mason v. Johnson, 24 Ill. 159; Pirshing v. Falch, 87 Ill. 260.

124. When executor, etc., appeals, etc.-bond. $125. In all cases when an executor or administrator shall take an appeal from the judgment, decree or order of any court or justice of the peace to the county, circuit or supreme court, or when he may prosecute writs of error or certiorari, the appeal, certiorari or supersedeas bond shall be conditioned to pay the judgment or decree, with costs, in due course of administration; in all other respects such bonds shall be in the form prescribed by law in other cases.

[L. 1853, P. 257, § 1. See note to § 123; Curtis v. Brooks, 71 Ill. 126.

MISCELLANEOUS PROVISIONS.

[*127]

125. Mistake, etc. § 126. No executor or administrator, or his security, shall be chargeable beyond the assets of the testator or intestate, by reason of any omission or mistake in pleading, or by false pleading of such executor or administrator.

[R S. 1845, P. 552, § 77; Judy v. Kelley, 11 Ill. 217; Johnson v. Von Kettler, 84 HI 317; Dye v Noel, 85 Ill 291.

126. Contracts of decedent. § 127. All contracts made by the decedent may be performed by the executor or administrator when so directed by the county court.

127. Books of account. § 128. The books of account of any deceased person shall be subject to the inspection of all persons interested therein. [R. S. 1845, p. 556, $ 91.

128. Insolvent estate. 129. If, after the expiration of two years from the time administration is granted on an estate, such estate is found to be insolvent, it shall be so entered of record by the county court, and such order [being] made, no action shall be maintained against the executor or administrator of such estate, except at the costs of the party suing but persons entitled thereto shall receive their proportions of such estate as herein provided.

:

[R. S. 1845, P. 560, § 114; Granjang v Merkle, 22 Ill. 249; Rosenthal v. Magee, 41

Ill. 370.

129. Sale to pay debts-coerced. § 130. Whenever real estate is required to be sold for the payment of debts, 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.

[R. S. 1845, p. 560, § 114; Steele v. Steele, 89 Ill 52.

130. Power of court. $131. County courts shall have power to enforce due observance of all orders, decisions, judgments and decrees made by them in discharge of their duties under this act; and they may issue attachments for contempt offered such courts or its process, by any executor, administrator, witness or other person; and may fine and imprison, or either, all such offenders, in like manner as the circuit courts may do in similar cases. [R. S. 1845, p. 564, § 139.

131. Sheriff's duties-fees. § 132. The sheriff shall, when required by the court, attend all sessions of said court, either by himself or deputy, and shall preserve good order in the court, and execute all writs of attachment, summonses, subpoenas, citations, notices and other processes which may, at any time, be legally issued by such court, and make return thereof. And such sheriff shall be entitled to the same fees as he is allowed for similar services in the circuit court.

[See "Courts," ch. 37, 8 178; "Sheriffs," ch 125, 8 19; R. S. 1845, P. 564, § 140; St. Clair v. Irwin, 15 Ill. 54.

132. Compensation of executors, etc. § 133. Executors and administrators shall be allowed as compensation for their services a sum not exceeding six per centum on the amount of personal estate, and not exceeding three per centum on the money arising from the sale of real estate, with such additional allowances for costs and charges in collecting and defending the claims of the estate and disposing of the same as shall be reasonable.

[R. S. 1845, P. 564, § 136; Willard v. Bassett. 27 Ill. 37; Johnston v. Maples, 49 Ill. 102; Hough v. Harvey, 71 Ill. 72; Allen, ex parte, 89 III. 474.

133. Act construed. § 134. All the provisions in this act relative to an executor or administrator shall apply and extend to an executrix or administratrix, or executors or administrators, and vice versa, unless otherwise expressly provided for; and whenever the singular number or the masculine gender is mentioned, the provisions shall apply to two or more, and to the feminine gender, as the case may require; and this act shall be liberally construed so that its true intent [and meaning may be fully carried out.] [See "Statutes," ch. 131, § 1; R. S. 1845, p. 522, $76.

[$ 135 repeal, omitted. See "Statutes," ch. 131, § 5.

AN ACT to provide for the disposal of unclaimed moneys in the hands of administrators and executors. [Approved May 12, 1877. In force July 1, 1877. Laws 1877, p. 2.]

*134. Unclaimed money to be deposited. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when any administrator or executor shall have made final settlement with the county court, it shall be the duty of the court to

order said administrator or executor to deposit with the county treasurer such moneys as he may have belonging to any non-resident or unknown heir or claimant, taking his receipt therefor, and have the same filed at the office of the county clerk where such settlement has been made. *135. How obtained after deposit. § 2. When money shall be deposited as aforesaid, the person or persons entitled to the same may at any time apply to the court making said order and obtain the same upon making satisfactory proof to the court of his, her or their right thereto.

[blocks in formation]

1. Who may adopt-petition. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any resident of this State may petition the circuit or county court of the county in which he resides, for leave to adopt a child not his own, and, if desired, for a change of the child's name; but the prayer of such petition, by a person having a husband or wife, shall not be granted unless such husband or wife joins therein, and when they so join, the adoption shall be by them jointly.

2. Form of petition. § 2. The petition shall state the name, sex and age of the child sought to be adopted, and, if it is desired to change the name, the new name, the name, and residence of the parents of the child, if known to the petitioner, and of the guardian, if any, and whether the parents or the survivor of them, or the guardian, if any, consents to such adoption.

3. What must be found by court-decree. 3. If the court is satisfied that the parents of the child or the survivor of them has deserted his or her family, or such child, for the space of one year next preceding the application, or, if neither is living, the guardian, or if there is no guardian, the next of kin in this State capable of giving consent, has notice of the presentation of the petition and consents to such adoption, or that such child has no father or mother living, and no next of kin living in this State capable of giving consent, or is a foundling, and that the facts stated in the petition are true, and that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education, and that it is fit and proper that such adoption should be made, a decree shall be made, setting forth the facts and ordering that from the date of the decree the child shall, to all legal intents and purposes, be the child of the petitioner or petitioners, and may decree that the name of the child be changed according to the prayer of the petition.

4. When consent of child necessary. 4. If the child is of the age of fourteen years or upwards, the adoption shall not be made without his consent.

5. Rights of child adopted. § 5. A child so adopted shall be deemed, for the purposes of inheritance by such child, and his descend

ants and husband or wife, and other legal consequences and incidents of the natural relation of parents and children, the child of the parents by adoption, the same as if he had been born to them in lawful wedlock, except that he shall not be capable of taking property expressly limited to the body or bodies of the parents by adoption, nor property from the lenial or collateral kindred of such parents by right of representation. 6. Rights of adopted parents, etc. § 6. The parents [*129] by adoption and their heirs shall take by descent, from any child adopted under this or any other law of this State for the adoption of children, and the descendants, and husband or wife, of such child, only such property as he has taken or may hereafter take from or through the adopting parents, or either of them, either by gift, bequest, devise or descent, with the accumulations, income and profits thereof; and all laws of descent and rules of inheritance shall apply to and govern the descent of any such property, the same as if the child were the natural child of such parents; but the parents by adoption and their heirs shall not inherit any property which such child may take or have taken, by gift, bequest, devise or descent, from his kindred by blood.

7. Former adoption. 7. The preceding section shall apply to any case where a child has heretofore been declared by any court to have been adopted, or where such adoption has been declared or assumed in any deed or last will and testament, giving, bequeathing or devising property to such child, as the adopted child of the grantor or testator, and the wife or husband of such adopting parent shall be capable of inheriting from such child the same as if she or he had become the adopted mother or father of such child, pursuant to this act.

8. Effect as to natural parents. § 8. The natural parents of a child so adopted shall be deprived, by the decree, of all legal rights, as respects the child, and the child shall be freed from all obligations of maintenance and obedience as respects such parents.

« SebelumnyaLanjutkan »