Legal Opinion

Miller v. Miller

Illinois Supreme Court

Decided September 15, 1876PublishedCited by 15 opinions

Appeal from the Circuit Court of Cook county; the Hon. Jons' G. Bogers, Judge, presiding. Orrin Miller died intestate in Chicago, on the 8th day of December, 1872. The only estate left by him was an interest of one-third in partnership property and effects of the firm of McDonald Brothers & Miller, the value of which interest was from §1600 to $2000. On the 23d of December, 1872, letters of administration upon his estate were issued to Susan Miller, the appellant, and she…

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Appeal from the Circuit Court of Cook county; the Hon. Jons' G. Bogers, Judge, presiding. Orrin Miller died intestate in Chicago, on the 8th day of December, 1872. The only estate left by him was an interest of one-third in partnership property and effects of the firm of McDonald Brothers & Miller, the value of which interest was from §1600 to $2000. On the 23d of December, 1872, letters of administration upon his estate were issued to Susan Miller, the appellant, and she qualified as such. On the 15th of Movember, 1873, appellant was removed as administratrix, and one Wilder was appointed in…

1Opinion of the Court

Mr."Justice Dickey

delivered the opinion of the Court:

Appellant contends that no widow’s award can lawfully be allowed, because “ the same was not presented to the county court for confirmation or approval within two years from the issuing of letters of administration.”

The claim of a widow for “ the widow’s award,” out of the personal property of an estate, is not, under our statute, a “ demand ” against the estate, in the same sense as the claim of a creditor. It may more properly be denominated a right to a portion of the personal property of the estate. (Cruce v. Cruce et al. 21 Ill. 47.)…

2Cited by15 opinions

  1. Chapman v. American Surety Co.Illinois Supreme Court · 1914
  2. Molner v. United StatesDistrict Court, N.D. Illinois · 1959
  3. Marshall v. RoseIllinois Supreme Court · 1877
  4. Harris v. Vermilion County Building Ass'nAppellate Court of Illinois · 1935
  5. Allen v. HempsteadAppellate Court of Illinois · 1910

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