Opinion
Gen. No. 9,600. (Abstract of Decision.)
Opinion filed September 23, 1941
1. APPEAL AND ERROR, § 295 — creditors as proper parties to appeal from denial of probate claim. On appeal from order of circuit court denying claim of son against father's estate for labor services, motion of appellant to strike briefs and arguments of creditors of estate was overruled, as the creditors had been treated as parties in the trial court, and statute required court to grant applications of interested persons to be made parties, and did not prohibit persons not formal parties from participating in the proceedings (Ill. Rev. Stat. 1939, ch. 110, § 149; Jones Ill. Stats. Ann. 104.025).
See Callaghan's Illinois Digest, same topic and section number.
2. EXAMINATION OF WITNESSES, § 23fn_ — refreshing memory. It is well settled that a witness may refresh his memory from writings.
3. PAYMENT, § 31fn_ — presumption where accounts not carried forward. Payment of accounts for services rendered by farm laborer could not be presumed from failure to carry forward amount earned from one year's books to the next's, as it was shown that the books were kept by an unskilled person who testified that each balance was unpaid.
4. EVIDENCE, § 672fn_ — admissions against interest from account books. Rule that creditor cannot introduce his books in evidence except he prove that they are books of original entry, made in usual course of business, and are true and correct, held not to apply to books of defendant sought to be introduced by plaintiff as admissions against interest.
5. ESTATES OF DECEDENTS, § 294fn_ — admissions against interest to support claim. Admissions of a decedent against interest are admissible on trial of claim against his estate, and such admissions include not only book entries, but other statements of fact, verbal or written, and trial court erred in excluding account books kept by decedent which showed amounts owed claimant.
6. ESTATES OF DECEDENTS, § 254fn_ — wife of claimant as proper party. Wife of claimant against estate of father for labor services based on contract was not a proper party to proceedings therefor, although she contended that her services were included in contract, as contract was exclusively payable to husband.
Appeal from Circuit Court of Whiteside county; Hon. LEONARD E. TELLEEN, presiding.
Reversed and remanded with directions. Heard in this court at October term, 1940.
Sheldon Brown, for appellant;
Jacob Cantlin, Samuel Rubin and Ward Ward, for appellees.
"Not to be published in full." Opinion filed September 23, 1941.