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132 Ill. 72

Long v. Long

Illinois Supreme Court

Decided January 21, 1890

Illinois Supreme Court · decided 1890-01-21

<p>Appeal from the Appellate Court for the Second District;— heard in that court on appeal from the Circuit Court of Lee-county ; the Hon. William Brown, Judge, presiding.</p> <p>William Long died intestate July 4, 1877, leaving William B. Long, John Long, Alexander Long, Elizabeth Coleman,. Catherine McBurney and Margaret Chandler, his children, William Jennings, John Jennings, Amanda Fisher and William P. Long, his grandchildren, heirs-at-law. No widow survived him. The grandson, William P. Long, is the son of a-deceased son, James Long. Amanda Fisher, William Jennings and. John Jennings are the children of a deceased daughter, Julia Ann Jennings.</p> <p>The appellant was duly appointed administrator. On the 17th of November, 1879, he filed in the county court of said Lee county, and again on the 13th of September, 1880, an amended final report, duly sworn to, in which he*states, among other things, that the intestate had, in his lifetime, paid to certain of his heirs large sums of money, which he intended to be considered as advancements from his estate; that the amounts of such advancements received by said heirs were, to William B. Long, his share of said estate in full; to Alexander Long, $1000, and that he (the administrator) had paid him from said estate the further sum of $5401.18; that John Long had received his share of said estate in full; that Elizabeth Coleman had received about $350, and that he had paid her the sum of $6001.18, in full of her share of said estate that Catherine McBurney had received her share in full, except the sum of $50, which he had paid her; that Margaret Chandler had received her share in full, except the sum of $200, which he had paid her; that William P. Long had received his entire share, and executed to the said William Long, in his lifetime, an acknowledgment thereof; that Julia Ann Jennings had received as an advancement about the sum of $1100; that said Amanda Fisher, by agreement with the heirs of said deceased, had received a certain residence as a portion of her share in said estate, at a valuation of $800, and that he had paid her $1017.52, which she accepted in full payment of her interest in said estate; that he has paid to William Jennings, father and guardian of William Jennings and John Jennings, $3635.04, in full of their share in said estate. In the amended report it is stated that said William P. Long had received his share of said estate in full, by a conveyance of certain real estate -from his said grandfather,. setting out particularly the facts and circumstances under which the alleged advancement was made, and averring that the same was sufficiently expressed in writing by certain deeds of conveyance therein set forth. He also states in the said amended report, “that the advancements made to all the other heirs of William Long were not in writing, but the whole matter was so well understood between themselves that they "have been willing to stand to and abide by the well known wish and desire of said William Long, deceased;” that he has ■settled with all of the heirs of the estate of William Long, and received full receipts from them, except the said William P. Long.</p> <p>To this final report William P. Long filed exceptions, and, among other objections, alleged that the statement therein that he had received his share of said estate in full, is false, ■averring that he had received no advancement from his said grandfather whatever. The estate to be distributed was found to be $20,960.00. On a hearing, the said exceptions were •sustained by said county court, and the administrator was ordered to pay to said William P. Long the sum of $5240. From that order the administrator appealed to the circuit court of said Lee county. None of the other heirs of the deceased filed objections or exceptions to said administrator’s report, but while said appeal was pending in the circuit court, Alexander Long, Elizabeth Coleman, Catherine McBurney, "William Jennings and John Jennings filed their bill in chancery in the circuit court of Lee county, against said William P. Long, and the administrator, William B. Long, and obtained an injunction restraining said administrator from paying said order, and said William P. Long from further prosecuting his ■said exceptions. On a hearing, that bill was dismissed and the injunction dissolved, and the decree was affirmed by the Appellate Court for the Second District, and re-affirmed here. (118 Ill. 638.) Thereupon the ease pending in the circuit court on appeal from the order of the county court was tried, and the judgment of the county court sustained. From this last judgment the administrator prosecuted an appeal to the Appellate Court for the Second District, and now brings the case to this court by further appeal.</p>

Decided 1890-01-21

Mr. Justice Wilkin

¶1delivered the opinion of the Court:

¶2'The chancery proceeding settled all controversy as to appellee having received an advancement in full of his share of said •estate, but appellant still contends that he is, at most, entitled to but one-eighth of said estate, whereas the judgments ■of the county and circuit courts give him one-fourth thereof. This contention is based upon the theory, that notwithstand-' ing a part of the heirs of deceased may have in fact received from him the several sums reported by the administrator as advancements, yet, there being no charge in writing by said deceased, or acknowledgment in writing by said heirs, the same ■can not be deemed to have been made in advancement—relying on section 7, chapter 39, of the Bevised Statutes. We think the administrator’s report itself is a full answer to this position, wherein it is shown, that although said advancements were not in writing, each of said heirs had been willing to stand to and abide by the well known wish and desire of said deceased, and that he, the administrator, had settled with each ■of therfwpon the basis of their having received the said sums as advancements. We do not understand that heirs, or descendants of an intestate, who may in fact have received advancements from their ancestor, can not waive their right to have the same evidenced by writing,—and this, on the proof made in this record, the heirs of William Long not excepting to said administrator’s report have clearly done. There is no issue, here, between these heirs and the administrator, and if there was, no such mistake of law or fact has been shown in this case as would authorize a court to relieve these parties against the effect of their voluntary settlement with the ad..ministratpr, as set forth in his report.

¶3Appellant makes the point that the circuit court erred in admitting parol evidence to show that some of the heirs had received their shares, or a part of them, in advancement. The particular evidence subject to this objection is not pointed 1 out. While it is true that where the question in issue is whether a gift or grant shall be deemed an advancement, parol evidence is incompetent to prove the intention with which it was made and received, yet, as between these parties, the-evidence offered was competent, in connection with the final report of the administrator.

¶4It is also objected that the court below improperly allowed appellee to testify in his own behalf. He seems to have testified to nothing except as to who were parties to the chancery proceeding referred to. We see no objection to his competency for that purpose.

¶5We find no substantial error in this record, and are convinced that, on the showing made by the administrator in his final report, the county court was fully justified in making the order it did. The judgment of the Appellate Court must be affirmed.

¶6Judgment affirmed.

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