EXECUTORS AND ADMINISTRATORS - ADMINISTRATION WITHOUT PROBATE

Authors

Abstract

The plaintiff is the only heir of the decedent who died intestate. The defendant was in possession of certain assets of the deceased which had formerly been deposited with a bank, now insolvent. Plaintiff brought a bill in her own name to compel the defendant to turn over to her such assets. The Illinois statute providing for administration adds, "Provided, That when the heirs are residents of this State and the estate is solvent and without minor heirs and it is desired by the parties in interest. to settle the estate without administration this law shall not apply." Held, on motion, bill dismissed with leave to amend, for failure to allege that the estate was solvent and debts had been paid. Bell v. Kelly, (D. C. E. D. Ill.) 54 F. (2d) 395 (1931).

Recommended Citation

EXECUTORS AND ADMINISTRATORS - ADMINISTRATION WITHOUT PROBATE, 31 Mich. L. Rev. 734 (1933).
Available at: https://repository.law.umich.edu/mlr/vol31/iss5/21