Harriman v. Sampson (23 Ill. App. 159, 1887)

Lacey, J.

This was a bill in equity by the appellants against the appellees seeking to restrain the appellee Robert Farwell, who was administrator of the estate, of Sarah B. Watts, deceased, from paying over certain money about to be collected by him in part as attorney of Jane B. Way and part as administrator of the estate of Sarah B. Watts, deceased, which he was about to collect of the debtors of said decedent, which the bill alleges belonged to the said estate and which was wrongfully claimed by said Jane B. Way, and to pay over to said Jane B. Way, she being insolvent. The appellants claim in common with all the respondents, except the said Far-well, to be the lawful heirs of the said Sarah B. Watts, and entitled to their distributive share of said estate. The answer under oath was waived, and the bill prays that the money to be collected on the judgments aforesaid be decreed to belong to the estate. The money on the notes, one against Henry Harriman and one against Charles R. Townsend, was collected by said Farwell after the tiling of the bill, as follows: Of Harriman, January 6, 1885, $1,256.85; from Townsend, March 10, 1885, $1,125, and were held by the said Farwell to abide the order of court. Upon a hearing the court found the equities with the respondents and dismissed the bill and decreed that complainants pay the costs, and assessed damages on the injunction bond in favor of Jane B. Way to the amount of $234.41

The answer of Jane B. Way admits that the persons named in the bill are the only heirs of Sarah B. Watts, deceased ; that said deceased died at her and her husband’s, Benjamin Way’s, residence on August 14, 1884, in Clay County, State of Kansas, and avers the deceased came to her .house in the latter part of May, 1884, took sick in June, 1884, and was under medical treatment till her death, but was up and about the house till about the first part of August, 1884. She further sets up in her answer that deceased, her mother, after coming to her house, entered into an agreement with her with the assent of her husband. Benjamin Way, who was a party to the-agreement, to the effect that Mrs. Watts was to give the respondent the money and the promissory notes mentioned in the bill, in consideration of which respondent and her husband were