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Sec[Section] 1st Be it enacted by the people of the state of Illinois represented in the General Assembly, That the courts of Probate in each county in this state shall have jurisdiction
and authority to hear and determine all causes matters and controversies brought before
them touching the distribution of testate and intestate estates and whenever it shall
appear that there is a surplus of assets in the hands of any administrator or executor
or administrators or executors, beyond the amount of all debts charges and legacies
against the estate of his or their testator or intestate, the court of Probate shall
order the same to be distributed amongst the heirs or other person legally entitled
thereto designating the person or persons so entitled, in said order.
Sec 2 When any executor or administrator shall neglect or refuse to do and perform any
of the duties required of him or them by law, the court of Probate of the proper county
shall upon application of any person interested for that purpose issue a summons in
the nature of a scire facias commanding such executor ^or administrator^ to shew cause why he so neglects or refuses which summons shall be directed, served and returned
in all respects as other process issued by courts of Probate are by law required to
be done; upon the return of any such summons the court of Probate shall, after hearing
the proof and allegations on both sides, make such order as the law and justice of
the case required, and if such executor or administrator shall not within thirty days
thereafter comply with such order, the said court shall have power and authority to
imprison such delinquent executor or administrator
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untill he shall abide by and perform the same, or untill he shall be otherwise discharged
according to law
Sec 3 In all cases where either party shall appeal from any judgment order or decree
of any Court of Probate to the circuit court by which judgment order or decree, the
party appealing shall be ordered or [adjudged?] to pay any sum of money such appellant shall at the time of taking such appeal execute
and deliver to the judge of Probate a bond with good and sufficient security to be
approved by said judge of Probate in a sum sufficient to cover the amount of money
so ordered or adjudged to be paid together with all costs of suit payable to the people
of the state of Illinois, conditioned to abide by and perform the judgment order or decree of the circuit
court in the case; and such bond may be put in suit by, and for the use of the person
entitled to the benefit of such judgment order or decree.
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[12]/[24]/[1834]
[12]/[24]/[1834]
2.
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[01]/[27]/[1835]
[01]/[27]/[1835]
Rejected
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[01]/[07]/[1835]
[01]/[07]/[1835]
Engrossed
1Archibald Williams introduced SB 25 in the Senate on December 23, 1834. On December 24, the Senate referred the bill to a select committee.
The select committee reported back the bill on January 7, 1835, without amendment.
The Senate passed the bill on January 9. On January 12, the House of Representatives referred the bill to the Committee of the Whole and made it the order of the day
for January 21. On January 16, the House resolved into the Committee of the Whole
to consider the bill. The Committee of the Whole referred the bill to the Committee
on the Judiciary. The Committee on the Judiciary reported back the bill on January
27 without amendment, recommending its rejection. The House refused to read the bill
a third time. Journal of the House of Representatives of the Ninth General Assembly of the State
of Illinois, at their First Session, Begun and Held in the Town of Vandalia, December
1, 1834 (Vandalia, IL: J. Y. Sawyer, 1835), 263, 270, 277-78, 309, 395; Journal of the Senate, of the Ninth General Assembly of the State of Illinois, at
their First Session, Begun and Held in the Town of Vandalia, December 1, 1834 (Vandalia, IL: J. W. Sawyer, 1835), 129, 131, 197, 207, 345.
2The original law was less specific, stating Probate judges “shall severally have such
jurisdiction over the estates of testator and intestates, and such other matters,
as they may be, or now are, invested with by law.”
“An Act Relating to Courts of Probate,” 2 January 1829, Revised Code of Laws (1829), 37-38.
Handwritten Document, 4 page(s), Folder 183, SB 25, GA Session: 9-1,
Illinois State Archives (Springfield, IL) ,