Legal Opinion

In re the Estate of Scoville

Appellate Court of Illinois

Decided December 16, 1886PublishedCited by 2 opinions

Appeal from the Circuit Court of Cook county; the Hon. John Gr. Rogers, Judge, presiding. It appears that William H. Scoville died in this county intestate, May 28, 1884, leaving Emma Scoville, his widow, and three children, as his only heirs at law, viz.: William II.

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Appeal from the Circuit Court of Cook county; the Hon. John Gr. Rogers, Judge, presiding. It appears that William H. Scoville died in this county intestate, May 28, 1884, leaving Emma Scoville, his widow, and three children, as his only heirs at law, viz.: William II. Seoville, aged 33 years, George W. Scoville, aged 26 years, and Kate A. Scoville, aged 28 years, unmarried, and who, with said Emma Scoville, constituted the only members of the family of said intestate at the time of his decease; that June 11, 1884, letters of administration on the estate of said intestate were duly granted by…

1Opinion of the CourtMcAllister, P. J.

By the order appealed from, the probate court assumed to reconstruct the widow’s award which had been duly determined by the appraisers, pursuant to statute, and approved "by the court in the previous month of July, by taking from it a large portion and giving it absolutely to the daughter of the intestate, for the ostensible reason that the appellant being the stepmother of the daughter, they could not live together amicably and share the award in common. There was no attempt, so far as the record shows, to impute any fault to appellant, other than the mere fact that she was stepmother,…

2Cases cited4 opinions

  1. Miller v. MillerIllinois Supreme Court · 1876
  2. Marshall v. RoseIllinois Supreme Court · 1877
  3. York v. YorkIllinois Supreme Court · 1865
  4. Kellogg v. HollyIllinois Supreme Court · 1862

3Cited by2 opinions

  1. Crawford v. NassoyAppellate Division of the Supreme Court of the State of New York · 1900
  2. In re Estate of HodsonAppellate Court of Illinois · 1916

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