Papers Of Abraham Lincoln

In force, Feb.[February] 24, 1841.

An ACT for the benefit of John W. Evans.
1

Preamble.

Whereas, Letters testamentary were granted to John W. Evans by the probate justice of the peace of Jo Daviess county, in the State of Illinois, on the estate of James Evans, late of said county, deceased; And whereas, The said John W. Evans tendered his resignation, in writing, of the said letters testamentary to the said probate justice of the peace of the county aforesaid, and said resignation was accepted by him, and filed in his office; And whereas, Letters of administration de bonis non were granted to R. W. Brush, of said county, on the estate of the said James Evans, deceased, by the probate justice of the peace aforesaid; Therefore,

Letters of administration granted.

Sec.[Section] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the granting of letters of administration de bonis non to R. W. Brush, of the estate of James Evans, late of the county of Jo Daviess, deceased, by the probate justice of the peace of said county, is hereby declared to be a revocation of the letters testamenta-

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ry granted to John W. Evans, of the estate of James Evans, late of said county, deceased, by the probate justice of the peace aforesaid.

Resignation of adm’r.[administrator]

Proviso.

Sec. 2. That when any administrator shall resign his office in writing, and such resignation shall be accepted by the probate justice of the peace, then the said probate justice of the peace shall have the power to appoint another administrator; Provided, Such resignation shall not be construed to exonerate any administrator from any liability incurred as administrator.2Approved, February 24, 1841.

1John Henry introduced SB 175 in the Senate on February 10, 1841, and the Senate referred it to the Committee on the Judiciary. The committee reported back the bill on February 15, recommending rejection, and the Senate tabled the bill. The Senate took it back up on February 18 and referred it to the Committee on the Judiciary a second time. The committee reported back the bill later that day with an amendment, which the Senate amended. The Senate concurred in the amendment as amended. On February 19, the Senate passed the bill as amended. The House of Representatives passed the bill on February 23. The Council of Revision approved the bill the next day and the act became law.
Illinois House Journal. 1840. 12th G. A., 455, 474; Illinois Senate Journal. 1840. 12th G. A., 285, 319, 335, 343-44, 357, 385, 391, 394.

2On February 18, 1841, the Senate added this section. Prior to approving this amendment, the Senate had amended the amendment by striking out the words “ judge of probate,” and inserting in lieu thereof the words “ probate justice of peace.”
Illinois Senate Journal. 1840. 12th G. A., 344.