#### In the Matter of the Estate of Isaac Creighton, Deceased. Mary C. Creighton, Appellee, v. Robert F. Creighton et al., Executors, Appellants.

(Not to be reported in full.)

Abstract of the Decision.

1. Courts, § 105 * —when Probate Court has jurisdiction. The Probate Courts of this State have jurisdiction to determine whether a petitioner is entitled to a widow’s award, even where, in determining that question, it is necessary to exercise equitable power.

2. Executors and administrators, § 13*—when trial de novo on appeal. A hearing in the Circuit Court on appeal from the Probate Court is de novo.

Appeal from the Circuit Court of Vermilion county; the Hon. E. R. E. Kimbrough, Judge, presiding. Heard in this court at the October term, 1915.

Affirmed.

Opinion filed April 21, 1916.

Rehearing denied June 30, 1916.

Statement of the Case.

Petition by Mary C. Creighton, petitioner, against Robert F. Creighton and others, executors of the estate of Isaac Creighton, deceased, respondents, to have a widow’s award, as provided by the statute, set apart. From an order in favor of the petitioner, the respondents appealed to the Circuit Court where a trial was had de novo. From a like order entered therein, the respondents appeal.

Dwyer & Dwyer, for appellants.

Actor & Actor, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Graves

delivered the opinion of the court.

*2723. Executors and administrators, § 180 * —when release 6y widow of right to award is void. Evidence introduced on a hearing of a widow’s petition to have her statutory award set apart, held to show that a release by her of her right thereto was obtained by fraud and misrepresentation, and was void.