Legal Opinion

Warren v. Warren

Illinois Supreme Court

Decided October 26, 1893PublishedCited by 12 opinions

Appeal from the Circuit Court of Winnebago county; the Hon John D. Crabtree, Judge, presiding. The original bill in this case was filed on September 24, 1890, by the appellant, Eliza A. Warren, the widow of Alpha Warren, who died testate on November 12,1888, against John H. Warren in his own right as the son of Alpha Warren by a former wife, and as executor of the will of said Alpha Warren.

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Appeal from the Circuit Court of Winnebago county; the Hon John D. Crabtree, Judge, presiding. The original bill in this case was filed on September 24, 1890, by the appellant, Eliza A. Warren, the widow of Alpha Warren, who died testate on November 12,1888, against John H. Warren in his own right as the son of Alpha Warren by a former wife, and as executor of the will of said Alpha Warren. Appellant was married to Alpha Warren on June 15, 1875, and was at that time a widow having a daughter by a former husband, but never had any children by Alpha Warren, his only child being said John H.…

1Opinion of the CourtJustice Magruder

The first question arising upon the assignments of error is, whether or not the appellant is entitled to have dower assigned to her in the lands of her deceased husband. Sections 10 and 11 of the present Dower Act, which was approved on March 4, 1874, and went into force on July 1, 1874, are as follows: 10. “Any devise of land, or estate therein, or any other provision made by the will of a deceased husband or wife for a surviving wife or husband, shall, unless otherwise expressed in the will, bar the dower of such survivor in the lands of the deceased, unless such survivor shall elect to and…

2Cases cited10 opinions

  1. Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
  2. Adsit v. AdsitNew York Court of Chancery · 1817
  3. Church v. BullNew York Supreme Court · 1845
  4. Chance v. Isaacs & SmythNew York Court of Chancery · 1836
  5. Cowdrey v. HitchcockIllinois Supreme Court · 1882

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3Cited by12 opinions

  1. In re the Estate of ZweigNew York Surrogate's Court · 1932
  2. Huston v. TribbettsIllinois Supreme Court · 1898
  3. Wright v. SticeIllinois Supreme Court · 1898
  4. Remillard v. RemillardIllinois Supreme Court · 1955
  5. Koelling v. FosterAppellate Court of Illinois · 1909

7 more not listed; retrieve them via the Exa API.

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