Wilkinson v. Deming
Illinois Supreme Court
Appeal from the Circuit Court of Whiteside county; the Hon. William W. Heaton, Judge, presiding. This was a petition filed by the appellant against the appellee, to obtain the custody of appellant’s infant daughter, Sarah A., then about seven years of age. It appears that in January, 1871, the mother of the child obtained a decree of divorce against the appellant for cruel treatment, which gave her the custody of the daughter.
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Appeal from the Circuit Court of Whiteside county; the Hon. William W. Heaton, Judge, presiding. This was a petition filed by the appellant against the appellee, to obtain the custody of appellant’s infant daughter, Sarah A., then about seven years of age. It appears that in January, 1871, the mother of the child obtained a decree of divorce against the appellant for cruel treatment, which gave her the custody of the daughter. On Dec. 2, 1873, the mother died, having, by her last will, appointed the appellee testamentary guardian of the child. The county court afterwards granted letters of…
1Opinion of the CourtJustice Beeese
Several questions of importance, and new in this court, arise upon this record.
The first is, what is the effect of a decree of divorce a vinculo., for the fault of the husband, wherein the custody of the child is committed to the wife. And, second, on the death of the wife, the child surviving, has she the power to appoint, by will, a guardian for the infant, the father of the infant living.
We are inclined to hold, the decree, on a divorce being granted for the fault of the husband, giving the custody absolutely to the mother, takes away, ipso facto, all control of the father over the child.…
2Cited by16 opinions
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- Stone v. DuffyMassachusetts Supreme Judicial Court · 1914
- State ex rel. Nipp v. District CourtMontana Supreme Court · 1912
- Fox v. HicksSupreme Court of Minnesota · 1900
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