{
  "id": 2930299,
  "name": "Eliza Ann Winchell, Appellee, v. M. P. Rice, Executor, Appellant",
  "name_abbreviation": "Winchell v. Rice",
  "decision_date": "1917-10-11",
  "docket_number": "",
  "first_page": "608",
  "last_page": "609",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 608"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "pagerank": {
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    "sha256": "d976540c55c55653ac04f17ca338f90f3c33883dcb6456583f48570eff9b1c92",
    "simhash": "1:675f3b00783fbca0",
    "word_count": 365
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  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Eliza Ann Winchell, Appellee, v. M. P. Rice, Executor, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Graves\ndelivered the opinion of the court.\n2. Husband and wife, \u00a7 116* \u2014 when evidence shows otonership of note by wife. Evidence that a note payable to a husband and wife had been given in payment of property sold by her after she and her husband had divided their property, that the husband had stated that the note was hers, that it had always remained in her possession and that she had always received the interest, except on one occasion when it was paid to a bank and credited by the bank to the husband without authority from any one, is sufficient to show her ownership of the note.\n3. Executors and administrators, \u00a7 62* \u2014 what should be inventoried by executor as part of estate. Money belonging to a husband which is drawn from the bank by the wife shortly before his death and thereafter voluntarily paid out by her on account of his funeral expenses should be inventoried by his executor as part of his estate.",
        "type": "majority",
        "author": "Mr. Presiding Justice Graves"
      }
    ],
    "attorneys": [
      "J. D. Breckinridge and M. P. Bice, for appellant.",
      "Harvey H. Atherton, for appellee."
    ],
    "corrections": "",
    "head_matter": "Eliza Ann Winchell, Appellee, v. M. P. Rice, Executor, Appellant.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Evidence, \u00a7 204 \u2014 when admissions of deceased in derogation of title to note are admissible. On a hearing on objections to an executor\u2019s inventory in which the testator\u2019s wife claims the ownership of a note inventoried by the executor as belonging to the estate, statements of the testator during his lifetime that the note was not his property but that it was his wife\u2019s are competent evidence.\nAppeal from the Circuit Court of Pulton county; the Hon. Harry M. Waggoneb, Judge, presiding. Heard in this court at the April term, 1917.\nAffirmed.\nOpinion filed October 11, 1917.\nStatement of the Case.\nObjections by Eliza Ann Winchell, plaintiff, to inventory filed by M. P. Bice, executor of the estate of John Winchell, defendant. From a judgment for plaintiff on certain objections, defendant appeals and plaintiff assigns cross errors as to the overruling of certain objections.\nJ. D. Breckinridge and M. P. Bice, for appellant.\nHarvey H. Atherton, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0608-01",
  "first_page_order": 634,
  "last_page_order": 635
}
