Public-domain · open source
OpenJurist

84 Ill. 61

Heustis v. Johnson

Illinois Supreme Court

Decided September 15, 1876

Illinois Supreme Court · decided 1876-09-15

<p>Writ of Error to the Circuit Court of Kendall county; the Hon. Hiram H. Cody, Judge, presiding.</p>

Relies on Freeland v. Dazey

Good law ✅— No negative treatment on recordhow we know

Decided 1876-09-15

How this case has been cited

Cited by 8 later decisions — most recently June 1899

1 federal appellate · 7 state decisions

60187618801890decided

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.

View the full empirical analysis of this case →

Mr. Justice Dickey

¶1delivered the opinion of the Court:

¶2Appellants filed their bill in chancery against appellees, to which a demurrer was sustained by the circuit court, and the bill dismissed.

¶3The only question presented is, did the court err in sustaining the demurrer?

¶4The gist of the complaint is, that Johnson, one of defendants, has failed to discharge his duties promptly as an executor, and has, by divers plausible devices, excused himself from properly accounting, when he ought long since to have made final settlement of the estate.

¶5In Freeland v. Dazey, 25 Ill. 294, this court laid down as a rule, that “ a court of chancery will not exercise jurisdiction over the administration of estates, except in extraordinary cases. Some special reason must be shown why the administration should be taken from the probate court.”

¶6In the statements of this bill we find no sufficient reason for the intervention of a court of chancery. The county court has full power to grant relief in the case made by the bill. The demurrer was properly sustained.

¶7Decree affirmed.

/84/ill/61 · .json · Public domain