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85 Ill. 340

Crain v. Kennedy

Illinois Supreme Court

Decided June 15, 1877

Illinois Supreme Court · decided 1877-06-15

Amos Watts, Judge, presiding. This was a bill in chancery, filed by John A. Crain, as one of the executors of the last will of Dempsey Kennedy, deceased, and also guardian, against the two other executors and the devisees, to restrain the sale of .real estate, and to re-state the executors’ account. The court below dismissed the bill.

Cited by 7 later decisions — most recently April 1898

7 state decisions

Relies on Heustis v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1877-06-15

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Mr. Justice Breese

¶1delivered the opinion of the Court:

¶2There are no merits in appellant’s proceedings, and the court properly dismissed the bill. There is nothing in the bill justifying an application to a court of equity. We are unable to perceive the interest of complainant, the appellant here, to incite this litigation. If his co-executors have done wrong, they, alone, are responsible—appellant can not be injured thereby. There is a total want of interest in this subject matter in appellant, and the court did right in dismissing his bill.

¶3This case, in principle, is like the case of Heustis et al. v. Johnson, 84 Ill. 61, in which it was held that a court of chancery would not exercise jurisdiction over the administration of estates, except in extraordinary cases. Some special reason must be shown. Here, there is none.

¶4The decree is affirmed.

¶5Decree affirmed.

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