Legal Opinion

Smith v. Downs

Appellate Court of Illinois

Decided October 25, 1921Published

Appeal from the Circuit Court of Christian county; the Hon. William B. Wright, Judge, presiding. Heard in this court at the October term, 1920.

1Opinion of the Court

Mr. Presiding Justice, Graves

delivered the opinion of the court.

Appellant, Nellie G. Downs, is the widow of James H. Downs, deceased. Prior to their marriage they entered into an antenuptial contract -which contained ' the following item:

“The party of the first part agrees that upon his death there shall be paid to the party of the second part from his estate the sum of Ten Thousand Dollars ($10,000.00) in cash.
“The party of the second part agrees to receive and accept the above amount in full satisfaction of any and all claims that she may have against the property of the party of the first…

2Cases cited4 opinions

  1. Colbert v. RingsIllinois Supreme Court · 1907
  2. Christy v. MarmonIllinois Supreme Court · 1896
  3. Brenner v. GauchIllinois Supreme Court · 1877
  4. Dickason v. EnglishIllinois Supreme Court · 1916

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