Bank of Pontiac v. Highland

As the majority has explained, section 15 — 1(a) of the Probate Act of 1975 (Act) provides for a surviving spouse award in the amount “the court deems reasonable for the proper support [of the survivor for nine months] in a manner suited to the condition in life [of the survivor] and to the condition of the estate” (Ill. Rev. Stat. 1987, ch. 1101/2, par. 15—1(a)). The parties do not dispute that absent insolvency of the estate, the level of living to which the survivor is to be aided to continue is that which he or she enjoyed during the marriage. However, neither the foregoing language nor…