{
  "id": 4867326,
  "name": "John Wolf, Ex., etc., v. Martha J. Griffin",
  "name_abbreviation": "Wolf v. Griffin",
  "decision_date": "1883-10-10",
  "docket_number": "",
  "first_page": "559",
  "last_page": "560",
  "citations": [
    {
      "type": "official",
      "cite": "13 Ill. App. 559"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "81 Ill. 240",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2675501
      ],
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      "case_paths": [
        "/ill/81/0240-01"
      ]
    },
    {
      "cite": "52 Ill. 342",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5300171
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/52/0342-01"
      ]
    },
    {
      "cite": "39 Ill. 251",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5260373
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/39/0251-01"
      ]
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  "last_updated": "2023-07-14T17:57:34.030277+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John Wolf, Ex., etc., v. Martha J. Griffin."
    ],
    "opinions": [
      {
        "text": "Baker, J.\nWe only deem it necessary to notice one of the several points made upon this record.\nThe creditor of an estate who has recovered a judgment on his or her claim in the county court is not a \u201c distributee \u201d within the meaning of section 116 and 117 of chapter 3 of the Revised Statutes. Sec. 1, Chap. 39, R. S., provides that all intestate estates, after all just debts and claims against such estates are fully paid, shall descend to and be distributed in the manner designated in said section. These several sections are in pari materia and are to be construed together; and when the two sections found in the chapter providing for the administration of estates speaks of \u201cdistributees,\u201d it is evident they refer to such persons only as come within the statute of distribution and take intestate estates. It was not intended by the legislature that creditors should be required to give refunding bonds with security before they can compel executors or administrators to pay their judgments. In the cases of The People v. Admire, 39 Ill. 251, and Windom v. Becker, 52 Ill. 342, the word \u201c distributees \u201d is used in the sense we have indicated; and so far as we are advised it has always been so understood by the bar. In Bouvier\u2019s Law Dictionary the word \u201cdistribution\u201d is defined tobe, \u201cThe division by order of the court having authority, among those entitled thereto, of the residue of the personal estate of an intestate after the payment of the debt? and charges.\u201d\nThe order and judgment of the court below is reversed.\nBeversed.",
        "type": "majority",
        "author": "Baker, J."
      }
    ],
    "attorneys": [
      "Messrs Wilson & Hutchinson, for plaintiff in error;",
      "Mr. J. 0. Allen, for defendant in error;"
    ],
    "corrections": "",
    "head_matter": "John Wolf, Ex., etc., v. Martha J. Griffin.\nConstruction of statute\u2014Creditor not a distributee.\u2014The creditor of an estate who has recovered a judgment on his or her claim in the county court is not a \u201cdistributee\u201d within the meaning of section 116 and 117 of chapter 3 of the Revised Statutes. These sections must he construed together with section 1 of chapter 39, as the several sections are in pari materia.\nError to the Circuit Court of Richland county; the Hon. William 0. Jones, Judge, presiding.\nOpinion filed October 10, 1883.\nMessrs Wilson & Hutchinson, for plaintiff in error;\ncited R. S., Chap. 3, \u00a7\u00a7 112, 116, 117.\nMr. J. 0. Allen, for defendant in error;\ncited'Jones and Cunningham\u2019s Practice, p. 72, \u00a7 19; 4 Bacon\u2019s Abridgment, 127; Cutright v. Stanford, 81 Ill. 240."
  },
  "file_name": "0559-01",
  "first_page_order": 563,
  "last_page_order": 564
}