Brainard v. Brainard

The circuit court of Cook county entered a decree of partition in favor of the appellees who are the brothers, sisters, and widow of Charles Henry Brainard. The appellants seek a reversal of that decree on the ground that under section 18 of the Marriage act (Ill. Rev. Stat. 1939, chap. 89, par. 17a) they are his legitimate children.

The cause was referred to a master in chancery who heard the evidence and found that no marriage ceremony ever took place between the mother of the appellants and Charles Henry Brainard and the decree was entered in accordance with those findings.

Section 18 of the…