Woodruff

This action arises out of the administration of the estate of Louis H. Bigelow, deceased. Defendant Ellen Wood-ruff (hereafter defendant) was administratrix of the estate. Plaintiff, the Century Indemnity Company, was the surety on the administratrix’ bond. Defendant’s son Ted and daughter-in-law Dorothy were named as codefendants.

The pertinent facts may be summarized briefly. On July 24, 1948, Louis H. Bigelow died intestate at Chicago, Illinois, leaving as his heirs at law his daughter Ellen Woodruff and his granddaughter Jacqueline Fauntleroy. Under Illinois law, the two heirs would share equally in the decedent’s estate. The day prior to his death, Mr. Bigelow had drawn and delivered to defendant a check for $50,000. On August 3, 1948, The Northern Trust Company, a corporation, was appointed administrator of the estate of Louis H. Bigelow by the Probate Court of Cook County, Illinois, and acted in that capacity until January 14, 1949, when that company was discharged and defendant was appointed administratrix de bonis non. The Probate Court fixed bond in the sum of $275,000 which plaintiff put up and executed as surety, securing defendant’s signature to the usual indemnity…