Friederich v. Wombacher
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. B. R. Burroughs, Judge, presiding. Appellees, as the executor and legatees under the last will and testament of Michael Friederich, deceased, filed this bill' against appellant, the widow of the deceased, for the purpose of having her rights under his will settled and determined.
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Appeal from the Circuit Court of St. Clair county; the Hon. B. R. Burroughs, Judge, presiding. Appellees, as the executor and legatees under the last will and testament of Michael Friederich, deceased, filed this bill' against appellant, the widow of the deceased, for the purpose of having her rights under his will settled and determined. The bill sets up an ante-nuptial contract between the testator and appellant, which, in effect, provided, among other things, that in case of his death she should have no interest in his estate, except “there should be paid to her the sum of $2500 in cash…
1Opinion of the CourtJustice Wilkin
It may be admitted that the ante-nuptial agreement, in and of itself, under the facts in this record, would not defeat appellant’s claim either to a homestead or the widow’s award. (Zachmann v. Zachmann, 201 Ill. 380, and" cases cited.) The case, however, is not to be decided upon that contract alone, but must turn upon the effect to be given to appellant’s acceptance of the provisions of her husband’s will for her benefit.
Counsel for the appellant in their brief lay down the proposition that “the ante-nuptial contract and will must be construed together, as constituting one document, the…
2Cases cited8 opinions
- Zachmann v. ZachmannIllinois Supreme Court · 1903
- Stunz v. StunzIllinois Supreme Court · 1890
- Fry v. MorrisonIllinois Supreme Court · 1896
- Gorham v. DodgeIllinois Supreme Court · 1887
- Cowdrey v. HitchcockIllinois Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kroell v. KroellIllinois Supreme Court · 1905
- In re Estate of BoyarIllinois Supreme Court · 2013
- Kyker v. KykerAppellate Court of Illinois · 1983
- Koelling v. FosterIllinois Supreme Court · 1912
- Continental Illinois National Bank & Trust Co. of Chicago v. Art Institute of ChicagoAppellate Court of Illinois · 1950
4 more not listed; retrieve them via the Exa API.