McMahill v. McMahill
Illinois Supreme Court
Appeal from the Circuit Court of Warren county; the Hon. John J. Glenn, Judge, presiding. The original hill in this case was brought by the heirs of William McMahill for a partition of the lands of which he died seized, among themselves. The widow of decedent was made defendant, and the bill charged she was not entitled to dower or homestead in the lands of her late husband, on account of an ante-nuptial agreement.
Read the full summary
Appeal from the Circuit Court of Warren county; the Hon. John J. Glenn, Judge, presiding. The original hill in this case was brought by the heirs of William McMahill for a partition of the lands of which he died seized, among themselves. The widow of decedent was made defendant, and the bill charged she was not entitled to dower or homestead in the lands of her late husband, on account of an ante-nuptial agreement. In 'her answer defendant admits the making of the ante-nuptial contract, but insists it is not obligatory on her because it was so unfair and unreasonable, as, by its terms, she…
1Opinion of the CourtChief Justice Scott
It will be perceived the circuit court found, and so decreed, that the ante-nuptial agreement between the parties was valid, and obligatory upon defendant, and was effectual to cut off or bar her dower in the lands of her late husband, the ancestor of complainants. Touching that decision defendant has assigned no cross-errors, and, of course, can make no complaint in this court. The only question, therefore, that remains to be considered, is, whether the ante-nuptial contract cut off or barred defendant’s claim to homestead in the premises on which she and her late husband resided, and which…
2Cases cited2 opinions
- Phelps v. PhelpsIllinois Supreme Court · 1874
- McGee v. McGeeIllinois Supreme Court · 1878
3Cited by16 opinions
- Crum v. SawyerIllinois Supreme Court · 1890
- Hafer v. HaferSupreme Court of Kansas · 1885
- Zachmann v. ZachmannIllinois Supreme Court · 1903
- Rieger v. SchaibleNebraska Supreme Court · 1908
- Turner v. BlackIllinois Supreme Court · 1960
11 more not listed; retrieve them via the Exa API.