, 1864-12-01
THE PROBATE LAW.
Proposed Amendment Of the Illinois Probate
Ccde adopted 1t the Late Probate Con-
yentfoH,

the State OF Illinois for the Inst twenty year.
-. ring that period 1t has been amended 1t aim
~ every session Of tho Legislature Until It has
'o come mass Of tncongruitfes, and 1t is almost
posaiblc to determine what Is law upon many
Il, the subjects treated therein. 1t was one of
le objects Of the convention Of Probate Judc,
Il assembled In this city in May last to suggest me
i6catons and almplidcations Of thai statute.
that time committee, consisting Of Judges Jam
q B. Bradwen, Anson 8. Miller and John G. Fo1I}f
u was appointed, whose duty 1t Was to prem
!; amendments to The Probate Laws to bc report
to the Convention at m adjourned seasipn. to
held In Springfield On the 9Th OF December ne,
Ihis committee haTc performed the duty aaslen,
: them, and reduced the Statute Of Wills md II
sncs smsndmeats thereof into as9ge act retanr
. them seemed desirable, md adding there
such other provisions as were nceesssrV
IL IT, and II thsi
cluded, and the reduced statute will be by thc1
Eunmaed t9 the Convention, Who will, Il It al
lature to adopt them as the law upon The snhisct
and repeal The mass Of absurditfes that now cnm
ber the Statute Book. " ~eeN
in detail all Of the >amcndmcnts Sonc ~ tbaI
are mese verbal alterations but many are of ere.
importance, and such as we believe viii be CON m
t. 10 oe x6o e. Of hat #
every day life render familiarity With the Inv NM;
the subject necessity. The labor expended in r..
preparation Of this statnte has been Immense
tae work been ezeecn4y vel, Gaa doae T
tn m!l oe cen taat Sef3 many novel and excellent
dsat9Ess are TOT the nrat time, proposed to be en-
gfaitsd upon cur Probate Laws.
Inc following are among the more fmpor.srt ~
she proposed amendments: That it shall be- Al.
@ .oWea to introduce m secondary evidence to prove
;,, ns found, instead Of sending dedimu With the
That the County Court may, IN it. discretion b.
the application be published IN he county ps.
Ihat whenever dsvisee or leeatec shall die be-
TINT he would have taken If living. foto'1
That the Comfy Cont may receive probate of
anT 9,hsi VII II lost @ Or dest5oyed by accident -
Tying loom. spinning wheel, etc, as IN the present
statute the value shall be fixed by the act and that
tn a sSa Tia9H1 Ct dying
same shall be hsst class ciaim both as to real and
That IN all cases ater The cinventory aud appraisc
dcncc adduced that there Is not more propertr than
the widow fs entitled to, upon her awardL the
court may order said estate settled, and that the
sans eaa! nor DC opened unless on the discovery
That administration may he granted to one or
more competent PERSONS although not entitled to
thT same, at the request Of the person entitled,
That ifany executor or administrator shali re-
movc out Of the State, and shall neclect to nerorm
any q me d9tics required Of him By Law, notice
weeks. and sach executor OF administrators may BE-
rsmoEsd and his accounts stated By the court Il be
shall faii to appear.
That the County Court shall have power tn com.
pei appraisers to net, and to approve reject or
modify appraisements, widows awards, sales biljs
an ana Inventories that the administrator mar adont
ton OF his inventory, II he deems it correct
~ Ihat Claims aSainat sta:es shall be divided Into
nreyie re GefSes E. Jases s to BE- ths same
Clafns presented within one year from the datc NJ
The aEet letters granted to the administrator Class
. 70 1ncl1de NIL other claims, without regard to
of one year and before TIC end Of two yesrs from
The date Of the first letters Of administration. @
dnat 81 exeeotors and administrators shall, on or
that happens after one year after the rrantinr ~
letters, present to the Court their account gEirh
sa9il @ bee be continued without disposition until the
and the clerk shall publish notice In he conntv
paper. In which he shall include The names Of aiI
aaminisrators and executors filing their accounts
nax1ng exceptions to preeent the same
Ihat IN case of sale of real cetate for the nay-
ment o. debts notice Of such sale shall be pub
pointed: and hat the administrator maEin~ eurh
esl Il ueiore executing deed shall make return Of
hip a1s i259seedngs t9 tie court granting the order
lh9 &, interest OF the deceased in the premises,
That any person interested IN he estate mon
ssinS Sond for the pa, 1oent Of all debts when re-
[he deceased rea1 OF personal from bsire soid'
!, Ihaf when any deceased person shall durinr bis
e 9sed nne re- nave given bond 9. other writing for
12un the payment Of the Indebtedness for sa;d
and decree zdecd according to the conditions Of
'ush bond or writing. -
ny the debss. or where no one shall nnnear ~ ~
IKE charge Of the real estate OF = deceased ner-
9n, e county court may order an executor and
.t.te Of which the deceased died seized in lis
,ate, snh}ectIfo the rights Of the widow. to re-
ed sccG eee fse e and thereof 70 ray the
ne sale Of the real estate for the paymeuf Of the
S 'ents, md that when euch an estate Is committed
e,dn1 Safc tnsy nay MORTGAGE o. lease the
onst o shall have power to assign the dover Of wi
That when the deceased shall have purchased
ne completion Of such payment would be benc-
caal 10 the estate and not injurious to creditors
ne etecntof or administrator may by order OF the
sEets in his handa
That. Ths. ths ooantY Cont shall hare power upon
ntestate for the payment Of debts. and to sci 81
he counfy tcnft nd 'a: 5aes
aaon the land Of he9re and derisees: when
nat sna when apy administrator shall hive in his
nna, ee money belonging to any csate, At any time
SUCl 6GE1D3&~
1atof. heir, lcEatee, deyieee or Other person in
crested IN the eetate may present petition.
eensnpe ND shall b
Epon the sale Of land Of iutesfates and nnan the
'eafng Of such petition the court ehall dnl xho
re tne heirs 81 the deceased If known, and whit
afoney and Y the same shall remain in the hands
me administrator unca1led for, be shall deDosit
[er, a1d II the assets hare all been collected he
;onft ehnl! declarc such estate settied and dis
hsfge such administrator. !
1n GUARDIAN ACT.
The following amendments will a1eo be proposed ,
0 the Guardian act:
That the County Court shall have DOVER tn An.
ONT guardians for nonresident minors having
stans fq this State, and whenever such couft {
oail be q opinion that 1t would be for the ad- f,
ahtAse OF MINOR to appoint q guardian OF the
state g Of euch minor different from the guardian
the person; Il shall hare power to make such-} s
That the bond Of guardIan shall be In penal
double The value OF The personal estate and Of
,e 81 rents, issues and profits Of the real estate.
siss eou1s aeeepf
1ch trust within three months after the proof !
That guardians shall have power under the order i
the court 10 purchase property for the use OF d
ls ward In payment Of amy debt due to such I
That the County Court shall have power. unon =
tdcting citation against Guardian for neglect t
duty II 1t shall be Of the opinion that the Inter
ts ol ne ward require It to suspend Ench guar d
an until final order is made dsposing OF such 3,
That the guardian under the order Of the Court T. T.
ay =, invest the moneys Of his ward In United a.
mortgage security, for term not exceeding in
: yeass, nor beyond the minority Of The ward q, o.
sG @ e. ether asdsaa shall
"a aate Of his appointment, and shall present nj
That the County Court shall hnse concurrent oSp
teItcttpn With Efrcnit Enrr4 th1 ..1a AK