Swisher v. Swisher

This appeal presents the following question: is the statutory surviving child’s award under section 15 — 2 of the Probate Act of 1975 (Ill. Rev. Stat. 1981, ch. llOVa, par. 15 — 2) governed by the minimum amounts in effect at the date of death of the decedent or by the amounts in effect at the date such an award is ordered? The circuit court of Franklin County issued an order in which it felt bound by the latter amount. We agree with this position.

Loren Swisher died intestate on May 27, 1981. At that time, the Probate Act of 1975 provided that the children of a decedent who left no surviving…