, 1870-10-15
THE LAW COURTS.
What In AN AdmfnIstrntor &c
Bonts Mont
Marine Insurance Lava Queer
Contempt Case.
Superior Court.

Superior Court.
WHAT IS An ADMINISTRATOR De noNt9 KoH3 :
Mastuc Company Of Chicago Y. Halbett, admin
1st.ato. de bonus Of the estate of n. II. Btsscu
foucr Governor OF 1lMnoit,. This cause came up
IN uo,lou Of defendant to dissolve the Temporary
. sEle Of realty under IN order Of the Sangauon
county Court: entered eoEne ten Jcars since.
The court Hamesonl yesterday decided the mo-
Atnut the 18th daY Of Ar.tl, 1853, II. Il. Blsser,
now dece1sed, executed deed Of trust to secure
a note OF 81 ,sUo for money loaned bJ complainant
= M ss'ss IS ST. osaa sna 1e
Trustees Subdivision Of Section 1G, -, Is east
tc1ctro)- The nots wns dated April Is, 1859. It
on tns ~ 81 q IT, g.
iAsht It died fntes1atc, leaving him surviving
Elizaheih r., his widow, and two daughters, bis
1lr ta1r4 of 1sso. 1t VA. also sold for the ta1es
VI 1o61. John FORSYTH being the purchaser ia
1s14, he received Sncrina decd and su ese1aent-
]! he conveyed his title 10 EoInplziuanL CON- I
p?atnant caaims TO hott under this title as under
an tudcfeasi.le title.
In the meanwhile, on The I'D Of May, $780, two |
t,alion tsEueti from the Coualy Court Of SaugA-
nnn C1unlJ 10 the WIDOW snd anoihcr. On the
IN The Sanganoo county Cuus1, by which IL was
1enrrscnsco sHai the pt1s. nal es'atc nf deccased
was insufficient TO my hts heht@. when it was
rr2yed thzt lands In IIitno,s, includng the lots IN
question, be sold, and II int DeceaueF term of
the coult an ort,ei was entered for such ss1e.
This blu alleges, on Information md s,e!sef that
proceedings, which arc nf fecnrh, and that moth
ing was done un,er the o1,1er of sale unit now,
iamnT sfn hs1rs to e asmns.raior e ssai,
NON, published n.tsce that on the
::saof August, $50, he would ss ne eis lTsSTed 1T
alleges that on the 18th Q! January, 1s6a, com.
pl4innnt flea bii! to forectose the trust deed
on tue 18Th 0f April, lsS6, decree Ut &tttc& FORE
c,osusc WIS ehtefel. EtttuR six months In which
tae teht might IT, paid Or The heirs absolutely he
paid within thst time, and the bill clltas that the
lille vas thus absolutely IL complainant On the
ssh o. February, 1854, after this bill
heirs I o. q Bsseii released shcts t:t.res: Ia
The prosperity to complainant 10 consideration OF
the 1clsasc ~ ea'Iirl4aaI,t ot lis calm against
tho estate for the debt Thu till also alleges that
The land II vacant au uu0c:uricei, aad pra5f ihat
The cloud upon cn1nralunnts title, crfated by the
order nnd nt'ttcc OF kais. he removed. Temporary
inlrnctfun RIante'i restraining tue sale. There
is further positive c!atxr that the only purpose
OF the administrator III Easlu1s notice Of sale was
II, aud iuvo.re il 10 expensive litigation.
The Mo11on he2t,i l,y TIT Cssutt waste tsEao!rc
the injunction Tor wans of equity on the iace ot
Tht court found that comraanants title must
RtsnI ii nt ALL on the decree Ut Foreclosure III
validity OF the iecl.c is i.ot ct,j=cte,i To- the
Cjalu to hold the HAUL by virtue nt the tax title
caanot be sustained: That WAS acquired before
The decree OF foreclosure lecame 0ns'lafe, amt.
1t obtaining that title. tao complainant acted rs
m0rfxasct. 70 teIut llc can only ClaM uuacr It to
ee rctmnt rst'i what ae fahi ny. ~ Aeqat1lag #
Et1ck. Had the co up!llnant perfected It's title
under the decree OF foreclosure, aud thea held
qutted the tax little, this might have been other
Nlte. ..
Complainant also claims tuhefc1s.bte title under
orirt Vi the sausa:nun County caart. The o..ivr
to the administrator 10 sell was rat3r nj the De-
CctEt,er term, 1sG Tue decd Of tn: heirs u conl-
rainant WAS ma'fe in 1876, aud 1t ts alleged the
nrst Older taken to execute the oster Of sale vas
In 1s1I
In support Of The Injunction under this head Is
that tlie lccn,3aa1, WE'D F'pa3s Il ta sell nntfer
thu order Ut IsGe, Ii nMlui>tfat0: de ton's nan,
and as such has no right {, sr un,trr an 0rt:cr
dlIcs.ed 10 The atm.n'.;sator The ell also does
original ort,er. nor ttat there vas 2n order Of
court arInint'ng hln. The statute OF wills pro-
11 1s' to se as Sl ay IT. sas
be made and conveyanccs executed for
1he zane. hy tie executor OF adnnist1ator ap.
ianguagets capable OF two Icon:t.ucsi ,ns; one
that thu same tct-+n ttauu sell vino likes the or
der making The duty vi kc'Itug pers1aa! trust
The other that tito words a.r suIpsusa2e anl that
tie meaning l. that thC lc must be 1n1ite by the
person acting nftlrially az such Executor or ad-
INtH3dtT8tsr All AIHklAstEA|0r tie t1H1x non IL an
administrator Of the tGfestle himself, to the
property not administered uIAn, mud NOT IN a.l.
lnntsttator OF The original administrator; he ls a
success0F lu Utflct charped With the same power
aud tfntiCs Us tU unaull.tefe.l eatate as his pre-
decGssof. In l. Baynwcli nnd Csrswci!. 15s, It IL
<icctietl that such administrator fnay sue upon
n0tc endorsed to predecessor. whence II Is 10 tt
inferred that an alfM!DIstta.or de bont1 nor
may: step into The sh,es Of an admtnisn ator aut
rledsceEeor M as Iii Ills @ 1oa With wisaout % ihe intryep @
1ton OF court THE authorities seem to scttlt
That such IN administrator may proceed without
further order of court. In the s.rd Illinois 61s IT,
case where an administrator de b,ais non died
alter he obtained ali ur1er to sell real estate.
The court hetn that bis Successor, also a,l1nt1ts.
t1atOF dc tois soA OF the original lutsstate should
perfect the sale, md II Ills authority IL doubted
or he aee+as the ndrcc Of q court. q court o1
equity aa,t not II law Il h!s proper resort. tat
Supreme Court should alaerc to this as tfcc!s
ion It drctts this case. In II. Gilman 1s6 Is
tIcci>l0u relating 10 The pJwer Ut an almtnistra
Tor With the Wilt MAnexeM where tho executor hat
died. In thai case il was held that tne ni.nlnls
tsztOr 'usi IN r3wcr to sell, because where th
sHte pf property WIS directed IN Will 70 be maa
executor. tuasmtlca ss ii Is not proper duly q
IN executor tn stai realty, 80 that wncn the exec
ut0r dtcss and AuoiIcr w4s appointed to act ie
him. ne slr1e!y us>un.cd the proper lutt-s Of II
executor, AID not tlts sihc.al trusts for spcci;
pufJ,lJSfN
Hut, in this proceeding, the Court would pr,
xuic this motion Els4t II Il 1lFt;rr nsucr wei
necessary It ha, lctn cuter.sl, there being no u1l
Eattnn IL thL cuutsary.
AQ0tHCf k1OA0H III buppuIlu Vi LIE 1ulIUCiHQ
a't!uIttnE the power 70 Sell, IN proper case, I
Aalc thssnh, he nowe.i here because of lhe lbt
delay til carrying CUT tue order 0t Court II
delay IS nearly len ;. HEA
The statute oI wills has limited the time with
which claims u.asust m estate hhnu:d i.e exhtb
ed to t~o yeassr except ~ 10 eHls-Itacofet
property Oht ~ A!nstltion u gwen III Enca cse
thrs knnil rIoeeeA asa.nsl sGat ESTATE. ": , !
public interest rt'lulFes thas such teal.f shall
released from aHca llnn!1ity, and the SuPtrm6 Cor
has in several cases cOnsldrt I'll the question Hhtl
eralim,t should nut he nxe'l ~ judicial action.
LIE so!e ~ Vs,aHstsaea W. ans s1ca LII ~ :
ut ~ !uucA W. aIi'atIeI.s ~ *nS St.eStH III.
onmaanets @ .! caen H.; Ca1s. e.. ~ .nT t9ts an!no ~
T, ns , "sEea>s's te., ii.".e' - avs "
lnG tehl anu lEl soaaa essae. tna l~ssu
SstH.c a nas **,tAisE;cu ,I el'ns -
were allo*eu against tnt tst2hf anu IN Inc Il
Ion1nf 9eaf peHt!eh vas nscSeatet! Tor safe
real estate 10 sa5 thc n** ct21tnA An osuet v
chttrci anA saic was sIaac- Atout sesen yea
before this sale the heirs hat conveyed tic IT
csfatc. Elcctmert ~as brought against the par
uacnt being given for plaintiff, VINO held uni
the heirs, the Judgment VIE atfrmei, on t
ground that the creditors h4&l allowed ito long
Time to elafse Rftcr the death Of the 0F1Elt
<wncr l,efOir thcy proceeded 10 eufcsre II
claims aud the court found fhat seven year3 y
lar limit In which etr.lito.s ought 10 uck
smother case sale was upheld where scycl yea
Ind etaaScA after death 1t cause the delay was
Susesl.
In this cAEe, II Ia thought there shonld at least
kollle excuse tut attempting sale lt late
Na,, the heirs haring also conveyed RTaY tn
intrrcA:s in the prrsIeFty. It ts true that tue
alleges nothing wAs done under tue onIer Of
County Court hut this attc cation Is ou!y made
Information antfheltef. and 10 c1nnnt Ge wctgl
Inf. 1tt1fG1 f1fS ffH91