Opinion
Gen. No. 42,922. (Abstract of Decision.)
Opinion filed February 14, 1945 Released for publication March 5, 1945
ESTATES OF DECEDENTS, § 576 — validity of order closing estate in case of intervention by beneficiaries. Where evidence showed that beneficiaries under decedent's will had paid all claims against his estate, that they made a deposit to cover state inheritance tax, that federal estate tax could be collected from assets, not subject to administration in this estate, that there was no personal liability on executor for such tax, that ancillary proceedings had been commenced in another state for administering interest in realty, but not in personalty, that claims were filed after expiration of nine months period, held that probate court was justified in closing estate and fixing fees for executor and his attorney, and did not abuse its discretion in permitting beneficiaries to intervene and close estate without removing executor.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding. Affirmed.
Heard in the third division, first district, this court at the December term, 1943.
Thomas H. Fisher and Norman Crawford, for appellants.
Poppenhusen, Johnston, Thompson Raymond, I.B. Lipson and Joseph A. Golde, for appellees;
Edward R. Johnston, of counsel.
Not to be published in full. Opinion filed February 14, 1945; released for publication March 5, 1945.