Springer v. DeWolf, 193 Ill. App. 58 (1915)

June 10, 1915 · Illinois Appellate Court · Gen. No. 20,928
193 Ill. App. 58

Marguerite Springer, Executrix, Appellant, v. Wallace L. DeWolf et al., Appellees.

Gen. No. 20,928.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Look-wood Honore, Judge, presiding.

Heard in this court at the October term, 1914.

Affirmed.

Opinion filed June 10, 1915.

Statement of the Case.

Claim by Wallace L. DeWolf, Mary F. Kellogg and Lucy E. Bell, against the estate of Warren Springer, deceased, and Marguerite Springer, as executrix of the will of said Warren Springer, defendants.

*59Abstract of the Decision.

Executors and administrators, § 227 * —when amendment of proof of claim properly allowed. Following the decision in DeWolf v. Springer, 190 Ill. App. 116, held that the amendment of the proof of claim involved was properly allowed.

May 27,1912, a judgment was entered in the Circuit Court in. favor of plaintiffs against defendants. After the expiration of the judgment term the judgment was amended by striking out the words, “Estate of Warren Springer, deceased,” and adding, “as a claim.of the seventh class, to be paid in due course of administration. ’ ’ From this order an appeal was taken and the order was affirmed by Branch B of this Court. DeWolf v. Springer, 190 Ill. App. 116. Before the amendment was made, a copy of the judgment was filed in the Probate Court as a proof of the claim of the plaintiffs in the judgment against the estate of Warren Springer. After the judgment was amended the claimants were given leave to file an amendment to their proof of claim as of the date of filing such claim. From this order an appeal was taken by the executrix of the will of Warren Springer to the Circuit Court, where the order appealed from was “confirmed” and leave given to file as an amendment to their proof of claim filed in the Probate Court, a copy of the order amending the judgment. From this order and judgment, the executrix appeals. See Springer v. DeWolf, post, p. 60.

Eugene M. Bumphrey, for appellant.

George W. Wilbur and William T. Alden, for appellees.

Mr. Justice Baker

delivered the opinion of the court.