In re Estate of Mulliken, 211 Ill. App. 263 (1918)

May 14, 1918 · Illinois Appellate Court · Gen. No. 23,624
211 Ill. App. 263

In re Estate of Charles H. Mulliken, Deceased. Cora S. Mulliken, Appellant.

Gen. No. 23,624.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Look-wood Honors, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.

Reversed with directions.

Opinion filed May 14, 1918.

Statement of the Case.

Petition to review a widow’s award under Administration Act, sec. 75 (J. & A. 124), filed by the Continental & Commercial National Bank of Chicago. From an order of the Probate Court reducing the award from $2,500 to $2,000, the widow, Cora S. Mulliken, appealed to the Circuit Court, where judgment of nihil capiat and for costs was entered against her, from which she appeals.

Charles S. Cullen, for appellant Cora S. Mulliken; Hiram T. Gilbert, of counsel.

Mayer, Meyer, Austrian & Platt, for appellee Continental & Commercial National Bank.

*264Abstract of the Decision.

Executors and administrators, § 196 * — when petition to review widow’s award is too late. A delay of 20 months on the part of a creditor whose claim was allowed prior to the widow’s award is so unreasonable as to require the dismissal of a petition to review the award under Administration Act, sec. 75 ,(J. & A. H 124).

Mr. Presiding Justice Barnes

delivered the opinion of the court.