La Salle National Bank v. Caffrey

Respondent, Mary H. Caffrey, appeals from an order of the circuit court of Cook County that upon motion of petitioner, La Salle National Bank, reduced the amount of a surviving spouse award she had previously received and required her to refund the difference to the estate. The sole issue raised on appeal is whether the spouse’s award provision of the Probate Act of 1975 (commonly referred to as the widow’s award) (Ill. Rev. Stat. 1979, ch. llOVa, par. 15 — 1), permits the reduction of an award to a widow and children based upon the court’s consideration of assets which have passed to the…