Smith v. Smith
Illinois Supreme Court
Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. Edward P.Vail, Judge, presiding.
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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the Circuit Court of Macon county; the Hon. Edward P.Vail, Judge, presiding. This is an appeal from an order of the circuit court, refusing to direct payment to the appellant of an amount allowed her for “family allowance” by the superior court of Santa Clara county, California; which order was entered, upon an agreed state of facts, in a partition proceeding, instituted by appellees, as heirs of one Edward O. Smith, against the appellant, widow of said Edward O. Smith and others, upon the application…
1Opinion of the CourtJustice Magruder
The superior court of Santa Clara county, California, allowed appellant, under the law of that State, $3850.00 “as and for a family allowance out of the estate of her deceased husband, Edward O. Smith.” The appellant seeks to have her said claim of $3850.00 paid out of the proceeds of a sale of land in Illinois, made in a partition proceeding between the heirs and widow of the deceased. It is conceded, that the claim, whose payment the appellant here seeks to enforce, has not been allowed in the county court of Macon county, or in any other court in Illinois. The only question in this case…
2Cases cited9 opinions
- Aspden v. NixonSupreme Court of the United States · 1846
- Wunderle v. WunderleIllinois Supreme Court · 1893
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- Harris v. DouglasIllinois Supreme Court · 1872
- Cronise v. HardtCourt of Appeals of Maryland · 1878
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