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78 Ill. 30

Tracey v. Hadden

Illinois Supreme Court

Decided June 15, 1875

Illinois Supreme Court · decided 1875-06-15

Amos Watts, Judge, presiding. This was a claim, presented by Mary Hadden against the estate of Benjamin Hudson, deceased. The claim was allowed in the county court, from which judgment the administrators, Dwyer Tracey and John Phillips, appealed to the circuit court. On the trial of the appeal, the claimant recovered judgment for $795.67, and costs of suit, to reverse which the administrators bring the record to this court by appeal.

Cited by 6 later decisions — most recently September 1897

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1875-06-15

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Mr. Chief Justice Scott

¶1delivered the opinion of the Court:

¶2Appellee is one of the heirs of Melinda Hudson, deceased, of whose estate Benjamin Hudson, in his lifetime, was the administrator. As such administrator, the distributive share of the estate of Melinda Hudson, which belonged to appellee, came to his hands, which he retained. After his death, appellee presented her claim against his estate, which was allowed by the court. This she had the clear right to do. She could elect to present her claim against the estate, or proceed on the official bond of the deceased administrator, at her option. She chose to do the former, and we are at a loss to understand what objection can be urged against the proceeding. The statute contemplates such a course, and it is provided claims of this character shall constitute the sixth class, and be paid accordingly.

¶3The evidence sustains the finding as to the amount due the claimant;, and perceiving no error in the record, the judgment of the circuit court will be affirmed.

¶4Judgment affirmed.

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