Weaver v. Weaver
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—; heard in that court on appeal from the Circuit Court of Cook county; the Hon. Wm. H. Baentjm, Judge, presiding. Ernestine Weaver, widow of Daniel Weaver, lately of Chicago, deceased, on the 3d day of November, 1881, filed in the probate court of Cook county a petition, praying that her award as widow be set off and assigned to her out of his estate.
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Appeal from the Appellate Court for the First District;—; heard in that court on appeal from the Circuit Court of Cook county; the Hon. Wm. H. Baentjm, Judge, presiding. Ernestine Weaver, widow of Daniel Weaver, lately of Chicago, deceased, on the 3d day of November, 1881, filed in the probate court of Cook county a petition, praying that her award as widow be set off and assigned to her out of his estate. The probate court refused to allow the petition, and entered an order dismissing the same, from which order she appealed to the circuit court, where the matter was heard de novo, resulting…
1Opinion of the CourtJustice Mulkey
Viewed in the light of the preceding statement and the arguments of counsel, this case, so far as its legal aspects are concerned, is brought within a very narrow compass. Although it is conceded the petitioner, if examined as a witness, would swear that at the time of the execution of the ante-nuptial agreement she was not aware that a widow, under the laws of this State, was entitled to what is known as the “widow’s award,” yet, waiving the question of the competency of such testimony, it is to be noted the agreement itself, which she must be presumed to have understood, in the absence of…
2Cases cited4 opinions
- Phelps v. PhelpsIllinois Supreme Court · 1874
- Strawn v. StrawnIllinois Supreme Court · 1870
- Brenner v. GauchIllinois Supreme Court · 1877
- Telford v. BoggsIllinois Supreme Court · 1872
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- Kroell v. KroellIllinois Supreme Court · 1905
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