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25 Ill. 294

Freeland v. Dazey

Illinois Supreme Court

Decided January 15, 1861

Illinois Supreme Court · decided 1861-01-15

This is a suit in chancery, from the Moultrie Circuit Court, filed by Lemuel T. Dazey, Jacob Black and Elizabeth D. Black, his wife, Nancy E. Dazey, by her guardian, and George R. Foster. The said Lemuel T. Dazey and Elizabeth Black, were children of Jenettian Dazey, deceased. Nancy E. Dazey was his grandchild, and Foster a creditor.

Good law ✅— No negative treatment on recordhow we know

Decided 1861-01-15

How this case has been cited

Cited by 20 later decisions — most recently November 1940

1 federal appellate · 19 state decisions

50186118701880189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Caton, C. J.

¶1We will not question that the court of chancery may, in the exercise of its general jurisdiction, take upon itself the administration of estates, and thus, in the particular case, supersede the jurisdiction of the probate court. In doing this, it will take the whole administration into its own hands, and administer according to the rules laid down in the statute of wills, modified, possibly,, in some cases by the principles, of equity. It cannot interfere with the probate court in the settlement of an estate without taking cognizance of the whole administration.

¶2But the court of chancery will not exercise this jurisdiction except in extraordinary cases, where some special reasons are shown to exist why the administration should be withdrawn from the probate court. No such reasons are shown to exist in this case. No reason is assigned why the ordinary powers of the probate court are not adequate to the protection and enforcement of every right which is shown to exist in either of the complainants.

¶3The decree of the court below is reversed, and the bill dismissed.

¶4Decree reversed.

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