Webb v. Hunt

Decided July 28, 1914

Appellate Court of Illinois · decided 1914-07-28

Abstract of the Decision. 1. Executors and administrators, § 90*—right of administratria> to sue for money received from sale of partnership interest. An administratrix in her official capacity has the right to sue a person for money received by him in selling with her consent, the interest of her deceased husband iñ a copartnership, and is not required to first compel an accounting by the surviving partner. 2. Executors and administrators, § 86*—right of set-off in suit for collection of assets. Where an attorney employed hy a widow to settle her husband’s estate out of court sold the husband’s interest in his partnership business and received the money, hut refused to turn over the money to her without first deducting attorney’s fees and other items, and the widow thereafter took out letters of administration and brought suit as administratrix for the money, held that she was entitled to recover without any deduction for attorney’s fees whether she had previously agreed to pay them or not, for the reason that as administratrix she held title to the property for the estate.

Affirmed · Decided 1914-07-28

Mr. Presiding Justice Higbee

¶1delivered the opinion of the court.

2. Executors and administrators, § 86*—right of set-off in suit for collection of assets. Where an attorney employed hy a widow to settle her husband’s estate out of court sold the husband’s interest in his partnership business and received the money, hut refused to turn over the money to her without first deducting attorney’s fees and other items, and the widow thereafter took out letters of administration and brought suit as administratrix for the money, held that she was entitled to recover without any deduction for attorney’s fees whether she had previously agreed to pay them or not, for the reason that as administratrix she held title to the property for the estate.