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LAWS OF ILLINOIS.
ADMINISTRATION OF ESTATES.
LIABILITY OF BONDSMEN.
$ 1. Amends Sec. 37, act of 1872, by making the sureties on bond liable to any subsequent executor or administrator for any mismanagement on the part of deceased executor or administrator.
An Act to amend section thirty-seven (37) of an act entitled "An act
in regard to the administration of estates," approved April 1, 1872, in force July 1, 1872.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section thirty-seven (37) of an act entitled "An act in regard to the administration of estates," approved April 1, 1872, in force July 1, 1872, be amended so as to read as follows:
“Section 37. When a sole or surviving executor or administrator dies without having fully administered the estate, if there is personal property not administered or are debts due from the estate, or is anything remaining to be performed in the execution of the will, the county court shall grant letters of administration with the will annexed, or otherwise, as the case may require, to some suitable person to administer the estate of the deceased not already administered, and the securities on the bond of such deceased administrator shall be liable on the same to such subsequent administrator, or to any other person aggrieved, for any mismanagement of the estate committed to his care; and such subsequent administrator may have and maintain all necessary and proper actions against the securities of such former executor or administrator for all such goods, chattels, debts and credits as shall have come to his possession and are withheld or may have been wasted, embezzled or misapplied, and no satisfaction made for the same: Provided, that where there is still a surviving executor or administrator, he may proceed to administer the estate unless otherwise provided."
APPROVED June 10, 1887.
CLASSIFICATION OF CLAIMS.
$ 1. Amends section 70 of the act of 1872 by making the wages of a servant or laborer for
labor performed within six months prior to death, claims of the 6th class. An Act to amend section 70 of an act entitled "An act in regard to
the administration of estates," approved April 1, 1872. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 70 of an act entitled "An act in regard to the administration of estates," approved April 1, 1872, be amended so as to read as follows:
“Section 70. All demands against the estate of any testator or intestate shall be divided into classes, in manner following, to-wit:
Second—Widow's award, if there is a widow; or children, if there are children, and no widow.
Third-Expenses attending the last illness, not including physician's bill.
Fourth—Debts due the common school or township fund.
Fifth—All expenses of proving the will, and taking out letters testamentary or of administration, and settlement of the estate, and the physician's bill, in the last illness of the deceased.
Sixth-Where the decedent has received money in trust for any purpose, his executor or administrator shall pay out of his estate the amount thus received and not accounted for; the wages due a servant or laborer for labor performed for decedent within six months previous to death.
Seventh-All other debts and demands, of whatsoever kind, with out regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters, as aforesaid, and all demands not exhibited within two years, as aforesaid, shall be forever barred, unless the creditors shall find other estates of the deceased, not inventoried or accounted for by the executor or administrator, in which case their claims shall be paid pro rata out of such subsequently discovered estate, saving, however, to femes covert, infants, persons of unsound mind, or imprisoned, or without the United States in the employment of the United States, or of their State, the term of two years after their respective disabilities are removed, to exhibit their claims."
APPROVED June 17, 1887.
SALE OF REAL ESTATE.
$1. Amends section 99 act of 1872, by providing that proceedings may be commenced in the Circuit and County courts.
Amends section 100 by requiring a particular description of the real estate, with liens theron.
Amends section 101 by authorizing the court to order the real estate sold and to adjust all matters relating to title, liens, dower, etc. An Act to amend sections ninety-nine (99), one hundred (100), and
one hundred and one (101), of an act entitled “An act in regard to the administration of estates," approved April 1, 1872.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That; sections ninety-nine (99), one hundred (100), and one hundred and one (101) of an act entitled "An act in regard to the administration of estates," approved April 1, 1872, be and the same are hereby amended so as to read as follows:
“Section 99. The mode of commencing the proceedings for the sale of real estate in such cases shall be by the filing of a petition by the executor or administrator in the circuit or county court of the county where letters testamentary or of administration were issued. The widow, heirs and devisees of the testator, or intestate, and the guardians of any such as are minors, and the conservator of such as have conservators, and all persons holding liens against the real estate described in the petition, or any part thereof, or having or claiming any interest therein, in possession or otherwise, shall be made parties. If there are persons interested in the premises whose names are not known, then they shall be made parties by the name of unknown owners.
“Section 100. The petition shall set forth the facts and circumstances on which the petition is founded, in which shall be stated the amount of claims allowed, with an estimate of the amount of just claims to be presented, and it shall also contain a statement of the amount of personal estate which has come to the hands of the petitioner, and the manner in which he has disposed of the same, with a statement of the amount of claims paid, a particular description of the real estate sought to be sold, and the nature and extent of all liens upon said real estate, so far as the same may be known to the petitioner. The petition shall be signed by the executor or administrator and verified by his affidavit, and shall be filed at least ten days before the commencement of the term of court at which the application shall be made.
"Section 101, Such application shall be docketed as other causes, and the petition may be amended, heard or continued for notice or other cause, and the practice in such cases shall be the same as in cases in chancery. The court may direct the sale of such real estate, disincumbered of all mortgage, judgment or other money liens that are due, and may provide for the satisfaction of all such liens out of the proceeds of the sale, and may also settle and adjust all equities, and all questions of priority, between all parties interested therein, and may also investigate and determine all questions of conflicting or controverted titles arising between any of the parties to such proceeding, and may remove clouds from the title to any real estate sought to be sold and invest purchasers with a good and indefeasible title to the premises sold. The court may, with the assent of any mortgagee of the whole or any part of such real estate, whose debt is not due, sell such real estate disincumbered of such mortgage, and provide for the payment of such mortgage out of the proceeds of such sale; and may also, with the assent of the person entitled to an estate in dower, or by the courtesy, or for life or for years or of homestead to the whole or in part of the premises, who is a party to the suit, sell such real estate with the rest. But such assent shall be in writing and signed by such person and filed in the court wherein the said proceedings are pending. When any such estate is sold the value thereof shall be ascertained and paid over in gross, or the proper proportion of the funds invested, and the income paid over to the party entitled thereto during the continuance of the estate."
APPROVED June 15, 1887.
LANDLORDS INCLUDING TAXES IN LEASES. § 1. Leases shall not contain provision requiring tenants to pay taxes. An Act to prevent alien landlords from including the payment of taxes
in the rent of farm lands as a part of the rental thereof. Section 1. Be it enacted by the People of the State of Illinois represented in the General Assembly: That no contract, agreement or lease in writing or by parol by which any lands or tenements therein are devised or leased by any alien or his agents for the purpose of farming, cultivation or the raising of crops thereon, shall contain any provision requiring the tenant, or other person for him, to pay taxes on said lands or tenements, or any part thereof, and all such provisions, agreements and leases so made are declared void as to the taxes aforesaid. If any alien landlord or his agents shall receive in advance, or at any other time, any sum of money or article of value from any tenant in lieu of such taxes, directly or indirectly, the same may be recovered back by such tenant before any court having jurisdiction of the amount thereof, and all provisions or agreements in writing, or otherwise, to pay such taxes shall be held in all courts of this State to be void.
APPROVED June 16, 1887.
RIGHT TO HOLD REAL ESTATE RESTRICTED.
§ 1. Non-resident aliens prohibited from $ 5. Special commissioners shall give bond.
acquiring title to real estate; lands
$ 6. Possession given under judgment.
$ 7. Rights of parties not made defendant. $ 2. Personal estate of aliens.
8 8. Non-resident aliens may dispose of § 3. Resident aliens who declare their intention to become citizens.
$ 9. Liens upon real estate held by aliens. 8 4. Aliens who declare intention to become citizens and who do not become
§ 10. Repeals all acts in conflict. naturalized within six years, forfeit
their lands; proceedings. An Act in regard to aliens and to restrict their right to acquire and
hold real and personal estate, and to provide for the disposition of the lands now owned by non-resident aliens.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That a non-resident alien, 'firm of aliens, or corporation incorporated under the laws of any foreign country, shall not be capable of acquiring title to or taking or holding any lands or real estate in this State by descent, devise, purchase or otherwise, except that the heirs of aliens who have heretofore acquired lands in this State under the laws thereof, and the heirs of aliens who may acquire lands under the provisions of this act, may take such lands by devise or descent and hold the same for the space of three years and no longer, if such alien at the time of so acquiring such lands is of the age of twenty-one years, and if not twenty-one years of age, then for the term of five years from the time of so acquiring such lands, and if, at the end of the time herein limited, such lands so acquired by such alien heirs have not been sold to bona fide purchasers for value, or such alien heirs have not become actual residents of this State, the same shall revert and escheat to the State of Illinois the same as the lands of other aliens under the provisions of this act: Provided, that minor aliens actually residing in the United States may acquire title to lands in this State by purchase, and hold the same for a term of six years after they might, under the naturalization laws of the United States, have declared their intentions to become citizens of the United States, and if, at the expiration of said term of six years, said aliens have not become citizens of the United States, the lands so acquired by them by purchase shall revert and escheat to the State, under the provisions of this act; and it shall be the duty of the State's attorney of the county in which said lands are situated to enforce forfeitures of all lands mentioned in this section in the same manner as pointed out in this act for other forfeitures.
§ 2. All aliens may acquire and hold personal property in the same manner and to the same extent as natural born citizens of the United States, and the personal estate of an alien. dying intestate shall be distributed in the same manner as the estates of natural born citizens, and all persons interested in such estate shall be entitled to proper distributive shares thereof under the laws of this State, whether they are aliens or not.