Richardson v. Emberson

Decided July 12, 1901

Appellate Court of Illinois · decided 1901-07-12

<p>1. Appeals—Claims in Probate.—Appeals from the County Court as to orders respecting accounts of executors and the distribution of estates are properly taken to the Circuit Court.</p> <p>2. Trials— When to be De Novo Appeals.—The trial in the Circuit Court, on appeal from the County Court, of a case involving the accounts of an executor and the distribution of the estate represented by him, should be de novo.</p>

Cited by 2 later decisions — most recently December 1942

2 state decisions

Key passage — most relied on by later courts

““The appeal therefrom was properly taken to the circuit court which should have proceeded to hear de novo the matters involved.””

quoted by 1 later decision, including Mikolajczak v. Dickson

Relies on Grier v. Cable · Millard v. Harris · Frank v. People ex rel. Hoecker

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1901-07-12

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Mr. Justice Waterman

¶1delivered the opinion of the court.

¶2The only question presented to this court is whether the appeal taken from the order of the County Court should have been to the Circuit or Appellate Court.

¶3The order of the County Court was an order as to the accounts of the executors of the will of John Emberson, Sr., and an order of distribution of the estate.

¶4The appeal therefrom was properly taken to the Circuit Court, which should have proceeded to hear ele novo the matters involved. Lewis v. Flowree, Adm’x, 32 Ill. App. 315-319; Grier, Ex’r, v. Cable, 53 Ill. App. 350; 159 Ill. 29; Stull v. Stull, 68 Ill. App. 389; Millard v. Harris, 119 Ill. 185; Frank et al. v. The People, 147 Ill. 105; Dawson v. Enstice, Adm’r, 148 Ill. 346.

¶5The order of dismissal is reversed and the cause remanded for further proceedings not inconsistent with this opinion. Reversed and remanded.