Cleveland v. Cleveland
| Decision Date | 21 February 1907 |
| Citation | 80 N.E. 302,225 Ill. 570 |
| Parties | CLEVELAND v. CLEVELAND. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Appellate Court, First District.
Appeal by Harry L. Cleveland from a judgment of the Appellate Court affirming a judgment sustaining and confirming a judgment of the probate court, approving the widow's award set off to Phoebe A. Cleveland, as widow of Henry L. Cleveland, deceased. Appeal dismissed.
F. S. Baird, for appellant.
Henry L. Wilson (C. Van Alan Smith, of counsel), for appellee.
This is an appeal from a judgment of the Appellate Court affirming a judgment of the circuit court, which judgment sustained and confirmed a judgment of the probate court approving the widow's award set off to Phoebe A. Cleveland, widow of Henry L. Cleveland, deceased.
Appellant was one of the executors of the will of said Henry L. Cleveland, but as such executor he was not a party to the suit in the circuit court. The record shows that Harry L. Cleveland, and not Harry L. Cleveland, executor, objected to the amount allowed the widow as an award in the probate court and entered his motion in said court to had the judgment approving and confirming said award set aside. This motion was overruled, and he appealed to the circuit court. The appeal bond was given by him as an individual, and not as executor. A trial was had in the circuit court, and on the 17th day of April, 1905, a judgment was rendered approving and confirming the order of the probate court fixing the amount of the widow's award, and thereupon Harry L. Cleveland, not as executor, but as an individual, prayed an appeal to the Appellate Court. On May 20, 1905, Harry L. Cleveland, ‘one of the executors of the last will and testament of Henry L. Cleveland, deceased,’ presented an appeal bond purporting to be executed by him as executor, and moved the court to approve it as ‘his amended bond as such executor, upon his appeal from the probate court to this court,’ which motion was denied. Thereafter ‘Harry L. Cleveland, one of the executors,’ etc., presented a bond for an appeal to the Appellate Court in the sum of $1,100 and moved the court to approve the same. This motion was denied and an order entered allowing an appeal to Harry L. Cleveland upon his filing bond in the sum of $500, with good and sufficient security, within 30 days. In its order refusing to approve the bond of Harry L. Cleveland, executor, the court recited ‘that the appeal, if any, should be by said Harry L....
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Franciscy v. Jordan, Gen. No. 11715
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