Sidor som bilder

Mortgage of

real estate.

Executor give bond.




so aggrieved may have his action of account or suit in equity against such delinquent executor or administrator, and recover such proportionate share of said estate as shall belong to him; and every executor, being a residuary legatee, may have an action of account or suit in equity against his coexecutor or co-executors, and recover his part of the estate in his or their hands. Any other legatee may have the like remedy against the executors: Provided, that before any action shall be commenced for legacies as aforesaid, the court shall order them to be paid.


§ 120. Real estate may be mortgaged in fee or for a term of years, or leased by executors: Provided, that the term of such lease, or the time of the maturity of the indebtedness secured by such mortgage, shall not be extended beyond the time when the heirs entitled to such estate shall attain the age of twenty-one years, if a male, or eighteen years, if a female: And, provided, also, that before any mortgage or lease shall be made, the executors shall petition the county court for an order authorizing such mortgage or lease to be made, and which the court may grant, if the interests of the estate may require it: Provided, further, to that the executor making application as aforesaid, upon obtaining such order, shall enter into bond, with good security, faithfully to apply the moneys to be raised upon such mortgage or lease, to the payment of the debts of the testator; and all money so raised shall be assets in the hands of such executor for the payment of debts, and shall be subject to the order of the court in the same manner as other assets.

§ 121. Foreclosures of such mortgages shall only be made by petition to the county court of the county in which the premises, or a major part thereof, are situated; and any sale made by virtue of any order or decree of foreclosure, may, at any time before confirmation, be set aside by the court for inadequacy of price or other good cause, and shall not be binding upon the executor until confirmed by the


§ 122. No decree of strict foreclosure shall be made upon any such mortgage, but redemption shall be allowed as is provided by law in cases of sales under executions issued upon common law judgments.


§ 123. In addition to the actions which survive by the common law, the following shall also survive: Actions of replevin, actions to recover damages for an injury to the person (except slander and libel), actions to recover dam

ages for an injury to real or personal property or for the detention or conversion of personal property, and actions against officers for misfeasance, malfeasance or nonfeasance of themselves or their deputies, and all actions for fraud or deceit.


§ 124. Appeals shall be allowed from all judgments, Appeals. orders or decrees of the county court in all matters arising under this act, to the circuit court, in favor of any person who may consider himself aggrieved by any judgment, order or decree of such court, and from the circuit court to the supreme court, as in other cases, and bonds with security to be fixed by the county or circuit court, as the ease may be.

In all cases when an executor or administrator

Condition of

§ 125. shall take an appeal from the judgment, decree or order of bond. any court or justice of the peace to the county, circuit or supreme court, or when he may prosecute writs of error or certiorari, the appeal, certiorari or supersedeas bond shall be conditioned to pay the judgment or decree, with costs, in due course of administration; in all other respects such bonds shall be in the form prescribed by law in other cases.



§ 126. No executor or administrator, or his security, Omission shall be chargeable beyond the assets of the testator or intestate, by reason of any omission or mistake in pleading, or by false pleading of such executor or administrator.

127. All contracts made by the decedent may be per- Contracts. formed by the executor or administrator when so directed by the county court.


Books of ac

§ 128. The books of account of any deceased person shall be subject to the inspection of all persons interested count.


129. If, after the expiration of two years from the time administration is granted on an estate, such estate is found to be insolvent, it shall be so entered of record by the county court and such order made. No action shall be maintained against the executor or administrator of such estate except at the costs of the party suing; but persons entitled thereto shall receive their proportions of such estate as herein provided.

Estate insol


§ 130. Whenever real estate is required to be sold for Order to sell. the payment of debts, the court may make all necessary orders to coerce the executor or administrator to make immediate application for an order to sell such real estate.

¡Observance of

8 131. County courts shall have power to enforce due observance of all orders, decisions, judgments and decrees orders. made by them in discharge of their duties under this act;

Sheriff's duties.


Terms defined.


and they may issue attachments for contempt offered such courts or its process, by any executor, administrator, witness or other person; and may fine and imprison, or either, all such offenders, in like manner as the circuit courts may do in similar cases.

§ 132. The sheriff shall, when required by the court, attend all sessions of said court, either by himself or deputy, and shall preserve good order in the court and execute all writs of attachment, summonses, subpoenas, citations, notices and other processes which may, at any time, be legally issued by such court, and make return thereof. And such sheriff shall be entitled to the same fees as he is allowed for similar services in the circuit court.

§ 133. Executors and administrators shall be allowed as compensation for their services a sum not exceeding six per centum on the amount of personal estate, and not exceeding three per centum on the money arising from the sale of real estate, with such additional allowances, for costs and charges in collecting and defending the claims of the estate and disposing of the same, as shall be reasonable.

§ 134. All the provisions in this act relative to an executor or administrator, shall apply and extend to an exe cutrix or administratrix, or executors or administrators, and vice versa, unless otherwise expressly provided for; and whenever the singular number or the masculine gender is mentioned, the provisions shall apply to two or more, and to the feminine gender, as the case may require; and this act shall be liberally construed so that its true intent [and meaning may be fully carried out.]


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§ 135. The following acts and parts of acts are hereby repealed: Chapter 109 of the Revised Statutes of 1845, entitled "Wills," except sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 46, 47, 51, 52, 53, 54 and 128; an act entitled "An act authorizing administrators and executors from other states to prosecute suits in this state, approved March 3d, 1845; an act entitled "An act to amend an act relative to wills and testaments, executors and administrators, and the settlement of estates," approved February 21st, 1845; an act entitled "An act further to define the duties of probate justices," approved February 19th, 1847; an act entitled "An act to amend an act concerning wills," approved February 11th, 1847; an act entitled "An act authorizing the resignation of certain officers," approved February 10th, 1849; an act entitled "An act to amend the laws in relation to the settlement of estates," approved February 17th, 1851; an act entitled "An act respecting executors, administrators, guardians and their securities, approved February 12th, 1853; an act entitled "An act to

regulate appeals in certain cases," approved February 8th, 1853; an act entitled "An act conferring additional power upon administrators de bonis non, and for other purposes," approved February 14th, 1855; an act entitled "An act to provide for the manner of selling real estate of deceased persons for the payment of debts," approved February 18th, 1857; sections nine, ten and twelve of an act entitled "An act to reform the probate system," approved February 21st, 1859; an act entitled "An act amending section four of the act entitled 'Wills,"" approved February 24th, 1859; an act entitled "An act to amend chapter 110, Revised Statutes, entitled 'Wills,"" approved March 7th, 1867; an act entitled "An act to amend section 134 of chapter 109 of the Revised Statutes of 1845," approved April 8th, 1869; an act entitled "An act to facilitate the settlement of partnership interest of deceased persons' estates," approved March 26th, 1869; an act entitled "An act to amend chapter 109 of the Revised Statutes entitled ' Wills,"" approved March 31st, 1869, and all other acts and parts of acts inconsistent with the provisions of this act: Provided, that this section shall not affect any suits that may be pending or any rights that have accrued when this act shall take effect. APPROVED April 1, 1872.


AN ACT to amend "A general act of incorporation of agricultural and horti- In force Feb. 29, cultural societies and associations for improving the breeds of domestic an

imals," approved February 15, 1855.

SECTION 1. Be it enacted by the People of the State


of Illinois, represented in the General Assembly, That General act sections three and nine of "A general act of incorporation amended. of agricultural and horticultural societies and associations for improving the breeds of domestic animals," approved February fifteenth, eighteen hundred and fifty-five, be and the same are hereby amended so as to read as follows:

"Section 3. The secretary pro tempore of said meeting shall keep a correct minute of the proceedings of said meeting, which being certified by said secretary and the president pro tempore of said meeting, shall, within five days after said meeting, be filed for record in the recorder's office of the county within which said meeting is by this act authorized to be held; and it is hereby made the duty of the recorder to record said minutes and certificate in some book

kept for recording deeds. A copy of the constitution of said society or association shall also be filed in said office, where the same shall be preserved for the inspection of the public. Whenever such constitution shall be altered or amended by such society or association, a copy of the altered or amended constitution shall also be filed in said office, to be there preserved in like manner. The recording officer, for recording and also for filing the documents by this act required to be respectively filed and recorded, shall be allowed the same fee as is now allowed by law for similar services; which fee shall be paid by the society or association. On filing in said office a certified copy of the proceedings of said meeting, and also a copy of the constitution of said society or association, in pursuance of this act (the previous steps herein required having been properly taken), the persons whose names are then subscribed to the constitution of said society or association, together with all others who after that time may become members of the same, shall become a body corporate and politic, by the name assumed and set forth in their said constitution, with perpetual succession; and by that name may have and use a common seal, may sue and be sued, answer and be answered in all the courts of this state, whether of law or equity; may sue for and collect all voluntary subscriptions or donations; and by that name may acquire and hold real estate, not exceeding in quantity five hundred acres; and may construct and erect all necessary improvements and buildings thereon for agricultural and horticultural experiments, and for rearing domestic animals, and for improving the breeds of the same, and for taming, improving and breeding of such animals as are commonly found wild; and for such purposes said society or association may have and employ capital, apparatus, implements, machinery and live stock, altogether not exceeding in value fifty thousand dollars.'

"Section 9. Until the whole capital stock of the society or association, including money, implements, apparatus, machinery, live stock and property of every description, whether real, personal or mixed, shall amount to one thonsand dollars, the profits, if any there be, arising from the operating or experiments of the society or association, shall not be divided among the stockholders, but shall accumulate as capital stock until the said capital shall reach the sum of one thousand dollars; but after said capital stock shall have reached the sum of one thousand dollars in value, then a dividend of profits may from time to time be made among the stockholders, in proportion to the number of shares held by each: Provided, this section shall not be construed to restrain the society or association from offering or giving premiums to any amount which the society or association may think proper."

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