Roland v. Grodson, 182 Ill. App. 482 (1913)

Oct. 15, 1913 · Illinois Appellate Court · Gen. No. 17,861
182 Ill. App. 482
In the Matter of the Estate of Emma B. Armstrong, deceased; On Appeal of Charles E. Roland, Appellant, v. Samuel G. Grodson, Administrator, Appellee

In the Matter of the Estate of Emma B. Armstrong, deceased. On Appeal of Charles E. Roland, Appellant, v. Samuel G. Grodson, Administrator, Appellee.

Gen. No. 17,861.

(Not to be reported in full.)

Abstract of the Decision.

1. Teiax, § 31 * —when case may 6e tried out of order. Under Practice Act, § 21, J. & A. fl 8558, authorizing the court to try a *483cause out of its regular order for “good and sufficient cause,” the sufficiency of such cause is a question for the trial court and its decision will not he interfered with on review unless there has been a clear abuse of discretion.

*482Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Wiitobs, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 15, 1913.

Statement of the Case.

Proceeding under R. S., ch. 3, § § 81,82; J. & A. 130, 131, to collect assets, by Samuel G. Grodson, administrator, to collect of estate of Emma B. Armstrong, against Charles E. Roland. From a judgment for plaintiff, defendant appeals.

James H. Stansfield, for appellant.

Blum & Blum, for appellee.

Mr. Justice Duncan

delivered the opinion of the court.

*4832. Trial, § 31 * —when cause is properly advanced. Held that the advancement for trial of a cause concerning an estate was proper where such estate would be damaged by the delay.

3. Executors and administrators, § 79*—when assets may he recovered. R. S. ch. 3, §§81, 82, J. & A. f ft 130, 131, as to the collection of assets by administrators, does not limit recovery only to “identical property,” and where a person charged with the duty of selling property and paying debts of a woman, only paid a portion of such debts, held that the administrator of such woman was entitled to recover the remainder of the proceeds arising from the sale of property.

4. Executors and administrators, § 226*—when claim need not he probated. In a proceeding by an administrator under R. S. ch. 3, §§ 81, 82, J. & A. flf 130, 131, to collect assets, where it appeared that an agent of the deceased was to be allowed a certain commission for selling property, it was not improper to allow the retention of such commission without forcing the agent to probate his claim.