Christy v. Marmon
Illinois Supreme Court
Writ of Error to the Circuit Court of Greene county; the Hon. George W. Herdman, Judge, presiding. This is a bill, as originally filed and as finally amended, for assignment of homestead, to enforce ante-nuptial agreement, and for partition. It was filed by Victoria J. Harmon, widow of William P. Harmon, deceased, and with her were joined as co-complainants certain persons, who were nephews and nieces of the deceased.
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Writ of Error to the Circuit Court of Greene county; the Hon. George W. Herdman, Judge, presiding. This is a bill, as originally filed and as finally amended, for assignment of homestead, to enforce ante-nuptial agreement, and for partition. It was filed by Victoria J. Harmon, widow of William P. Harmon, deceased, and with her were joined as co-complainants certain persons, who were nephews and nieces of the deceased. Two of the defendants, Hay L. Christy, a grand-niece, and Frank Soper, a great-grand-nephew, of the deceased, were infants; and for these a guardian ad litem was appointed, who…
1Opinion of the CourtChief Justice Hagruder
It is contended by plaintiffs in error, that the widow is cut off by the ante-nuptial agreement from claiming any interest in the estate of her husband as his heir. The third clause of section 1 of the act in regard to the descent of property provides that, “when there is a widow or surviving husband, and no child or children or descendants of a child or children of the intestate, then (after the payment of all just debts) one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband as an absolute estate forever, and the other half of the…
2Cases cited5 opinions
- McIntyre v. SholtyIllinois Supreme Court · 1891
- Sutherland v. SutherlandIllinois Supreme Court · 1873
- Barth v. LinesIllinois Supreme Court · 1886
- Jordan v. ClarkIllinois Supreme Court · 1876
- Vogel v. Vogel's AdministratorSupreme Court of Missouri · 1855
3Cited by5 opinions
- Appleby v. Estates of ApplebySupreme Court of Minnesota · 1907
- Kroell v. KroellIllinois Supreme Court · 1905
- Rouse v. RouseSupreme Court of Kansas · 1907
- Genung v. HagemannAppellate Court of Illinois · 1968
- Smith v. DownsAppellate Court of Illinois · 1921