ADMINISTRATION OF ESTATES-DISCRETION OF COURT IN APPOINTMENT OF ADMINISTRATOR CONTRARY TO STATUTORY PREFERENCE

Authors

Cornelia Groefsema S.Ed., University of Michigan Law SchoolFollow

Abstract

The County Court, disregarding the statutory order of preference, appointed a disinterested third party administrator with the will annexed because of the conflict of interest between the grandchildren who were entitled to the appointment under the statute and the creditors. The grandchildren as heirs of the devisees in decedent's will claimed that the creditors' claims were barred by the laches of the former administrator, their nominee. The circuit court decided that the statute was mandatory and ordered the appointment of the grandchildren. The creditors appeal. Held, reversed. The original appointment by the county court of a disinterested person will be affirmed. The order of preference set forth in the statute " . . . must yield to the discretion of the Court in unusual cases where considerable hostility, adversity and conflict of interest appear." In re Abell's Estate, 329 Ill. App. 73, 67 N. E. (2d) 294 (1946).

Recommended Citation

Cornelia Groefsema S.Ed., ADMINISTRATION OF ESTATES-DISCRETION OF COURT IN APPOINTMENT OF ADMINISTRATOR CONTRARY TO STATUTORY PREFERENCE, 45 Mich. L. Rev. 203 (1946).
Available at: https://repository.law.umich.edu/mlr/vol45/iss2/6