Legal Opinion

Skinner v. Newberry

Illinois Supreme Court

Decided September 15, 1869PublishedCited by 5 opinions

Writ of Error to the Superior Court of Chicago. This was a suit in chancery, instituted in the Superior Court of Chicago, by the defendant in error, against the plaintiffs in error, the facts in which case are as follows : On the 7th of November, 1868, Walter L. Newberry, of Chicago, died at sea, leaving a widow, the defendant in error, and two daughters, one of whom is an infant of the age of sixteen years.

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Writ of Error to the Superior Court of Chicago. This was a suit in chancery, instituted in the Superior Court of Chicago, by the defendant in error, against the plaintiffs in error, the facts in which case are as follows : On the 7th of November, 1868, Walter L. Newberry, of Chicago, died at sea, leaving a widow, the defendant in error, and two daughters, one of whom is an infant of the age of sixteen years. New-berry left an estate of about three millions of dollars, a little more than one-third of which consisted of personal property, and the remainder of real estate, situated in the city…

1Opinion of the CourtJustice Lawrence

The main question in this case, is precisely the same which was decided by this court, in the case of McMurphy v. Boyles, 49 Ill. 110. It is as to the construction to be given to the 10th and 11th sections of our statute of dower, in determining the share of the widow in the personal estate of her deceased husband, where she has renounced his will. In that case, the testator left no children, and it was contended, on behalf of his widow, that she took all the personal estate after payment of debts. On behalf of the devisees, it was insisted “ her share” consisted merely of her award of…

2Cases cited2 opinions

  1. Hawley & King v. JamesNew York Court of Chancery · 1835
  2. McMurphy v. BoylesIllinois Supreme Court · 1868

3Cited by5 opinions

  1. Bowen v. LansingMichigan Supreme Court · 1901
  2. Adams v. StoreyIllinois Supreme Court · 1890
  3. Hayne v. FentonIllinois Supreme Court · 1926
  4. Fuller v. BradleyIllinois Supreme Court · 1895
  5. Crowley v. McCambridgeAppellate Court of Illinois · 1910

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