(740 ILCS 80/0.01) (from Ch. 59, par. 0.01)
Sec. 0.01.
Short title.
This Act may be cited as the
Frauds Act.
(Source: P.A. 86-1324.)
|
(740 ILCS 80/1) (from Ch. 59, par. 1)
Sec. 1.
That no action shall be brought,
whereby to charge any executor or administrator upon any special promise
to answer any debt or damages out of his own estate, or whereby to
charge the defendant upon any special promise to answer for the debt,
default or miscarriage of another person, or to charge any person upon
any agreement made upon consideration of marriage, or upon any agreement
that is not to be performed within the space of one year from the making
thereof, unless the promise or agreement upon which such action shall be
brought, or some memorandum or note thereof, shall be in writing, and
signed by the party to be charged therewith, or some other person
thereunto by him lawfully authorized.
(Source: R.S. 1874, p. 540.)
|
(740 ILCS 80/2) (from Ch. 59, par. 2)
Sec. 2.
No action shall be brought to charge any person upon any contract
for the sale of lands, tenements or hereditaments or any interest in or
concerning them, for a longer term than one year, unless such contract or
some memorandum or note thereof shall be in writing, and signed by the
party to be charged therewith, or some other person thereunto by him
lawfully authorized in writing, signed by such party. This section shall
not apply to sales for the enforcement of a judgment for the payment of
money or sales by any officer or person pursuant to a
judgment or order of any court in this State.
(Source: P.A. 83-346.)
|
(740 ILCS 80/3) (from Ch. 59, par. 3)
Sec. 3.
The consideration of any such promise or agreement need not be set
forth or expressed in the writing, but may be proved or disproved by parol
or other legal evidence.
(Source: R.S. 1874, p. 540.)
|
(740 ILCS 80/8) (from Ch. 59, par. 8)
Sec. 8.
This act shall not extend to any estate or interest in any lands,
goods or chattels, or any rents, common or profit, out of the same, which
shall be upon good consideration, and bona fide lawfully conveyed or
assured to any person, bodies politic or corporate.
(Source: R.S. 1874, p. 540.)
|
(740 ILCS 80/9) (from Ch. 59, par. 9)
Sec. 9.
All declarations or creations of trusts or confidences of any
lands, tenements or hereditaments, shall be manifested and proved by some
writing signed by the party who is by law enabled to declare such trust, or
by his last will in writing; or else they shall be utterly void and of no
effect: Provided, that resulting trust or trusts created by construction,
implication or operation of law, need not be in writing, and the same may
be proved by parol.
(Source: R.S. 1874, p. 540.)
|
(740 ILCS 80/10) (from Ch. 59, par. 10)
Sec. 10.
All wills, limitations, dispositions or
appointments of, or concerning any lands and tenements, or of any rent,
profit, term or charge, out of the same, whereof any person, at the time
of his or her decease, shall own in fee simple, in possession in
reversion, or remainder, or have power to dispose of the same by his or her
last will, shall be deemed and taken (only as against the
person, his or her heirs, successors, executors, administrators or
assigns, and every one of them, whose debts, actions, claims, estates
and interests, by such will, limitation, disposition or appointment as
above stated, shall, or might be in any wise disturbed, hindered, delayed
or defrauded,) to be fraudulent, void and of no effect, any pretense,
color, feigned or presumed consideration, or any other matter or thing
to the contrary notwithstanding.
(Source: P.A. 84-551.)
|
(740 ILCS 80/11) (from Ch. 59, par. 11)
Sec. 11.
Any person, his heirs, legatees, representatives
successors or assigns, and each of them, who
have any debts,
actions or claims against any person, who
make any fraudulent legacy, or who has any debts, actions
or claims against any person
who dies intestate, and has real estate to descend
according to the laws of this State, may maintain the actions
which lie against representatives upon bonds, specialties,
contracts and agreements against the representatives and the
heirs, or against the representatives
and the legatees, or may
join the representatives, heir
or heirs, and the legatees
of such obligor, and shall not be delayed by the minority of any of the
parties.
(Source: P.A. 83-388.)
|
(740 ILCS 80/12) (from Ch. 59, par. 12)
Sec. 12.
When any lands, tenements or hereditaments, or any rents or
profits out of the same, shall descend to any heir, or be devised to any
devisee, and the personal estate of the ancestor of such heir or devisor of
such devisee shall be insufficient to discharge the just demands against
such ancestor, or devisor's estate, such heir or devisee shall be liable to
the creditor of their ancestor or devisor to the full amount of the lands,
tenements or hereditaments, or rents and profits out of the same, as may
descend or be devised to the said heir or devisee; and in all cases where
any heir or devisee shall be liable to pay the debts of his executor or
devisor, in regard of any lands, tenements or hereditaments, or any rent or
profit arising out of the same, descending or being devised to him, and
shall sell, alien or make over the same before any action brought, or
process sued out against him, such heir at law or devisee shall be
answerable for such debts to the value of the said lands, tenements and
hereditaments, rents or profits so by him aliened or made over; and
executions may be taken out upon any judgment so obtained against such heir
or devisee, to the value of the said lands, tenements and hereditaments,
rents and profits, out of the same, as if the same were his own proper
debts, saving and excepting that the lands and tenements, rents and
profits, by him bona fide aliened, before the action brought, shall not be
liable to such execution.
(Source: R.S. 1874, p. 540.)
|
(740 ILCS 80/14) (from Ch. 59, par. 14)
Sec. 14.
In all cases where a judgment has been obtained against the
executor or administrator of a deceased person, on a contract or
undertaking on which a joint action might have been maintained against the
executor or administrator, and the heir or devisee of the deceased person,
if it shall appear by a judgment of record or the return of a proper
officer that there is not property of the deceased person in the hands of
the executor or administrator to satisfy such judgment, it shall be lawful
to bring a separate suit or action against the heir or devisee on such
contract or undertaking; and the judgment against the executor or
administrator, if not satisfied, shall be no bar to the suit or action
against the heir or devisee.
(Source: R.S. 1874, p. 540.)
|
(740 ILCS 80/17) (from Ch. 59, par. 17)
Sec. 17.
When any civil action other than a proceeding
to probate the will of a deceased person is brought against any heir
or devisee, who is a minor, the court may
appoint a guardian ad litem for such minor heir or devisee and compel the
person so appointed to act: Provided, that by such appointment such person
shall not be rendered liable to pay any costs of the action.
(Source: P.A. 83-706.)
|
(740 ILCS 80/18) (from Ch. 59, par. 18)
Sec. 18.
Actions under Sections 10 to 14, both inclusive, of this Act,
shall be commenced within and not after the time limited by Section 13-220
of the Code of Civil Procedure, as amended.
(Source: P.A. 82-783.)
|