{
  "id": 5445171,
  "name": "In the Matter of the Estate of Richard Barnett, Deceased; Richard Barnett, Jr., Appellant, v. Gussie Barnett et al., Appellees",
  "name_abbreviation": "Barnett v. Barnett",
  "decision_date": "1919-10-10",
  "docket_number": "Gen. No. 24,601",
  "first_page": "17",
  "last_page": "20",
  "citations": [
    {
      "type": "official",
      "cite": "215 Ill. App. 17"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "170 Ill. 115",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3181371
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/170/0115-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 330,
    "char_count": 6167,
    "ocr_confidence": 0.505,
    "pagerank": {
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    "simhash": "1:8975a2837c8ba88b",
    "word_count": 1085
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  "last_updated": "2023-07-14T17:59:29.997324+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "In the Matter of the Estate of Richard Barnett, Deceased. Richard Barnett, Jr., Appellant, v. Gussie Barnett et al., Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gridley\ndelivered the opinion of the court.\nIn the matter of the estate of Eichard Barnett, deceased, an order was entered in the Probate Court of Cook county on May 19, 1917, approving the appraisers\u2019 childrens\u2019 award of $600 to Gussie Barnett, Emily Barnett and Sarah Barnett. From this order Eichard Barnett, Jr., prayed and perfected an appeal to the Circuit Court of Cook county. On April 23, 1918, the cause was heard before the Circuit Court without a jury, resulting in a finding and judgment approving said award of $600 and entering judgment against appellant for costs, from which judgment this appeal is taken.\nSection 77 of the Act in regard to the administration of estates (J. & A. f[ 126) provides in part as follows:\n\u201cWhen the person\u2019 dying is, at the time of his or her death, a housekeeper, the head of a family, and leaves no widow or surviving husband, there shall be allowed to the children of the deceased, residing with him or her at the time of his or her death (including all males under eighteen years of age, and all females), the same amount of property, and money * * * as is allowed to the widow for herself and children by this act, with the same right of selection of chattel property at its appraised value. * * * \u201d\nThe deceased departed this life while in a hospital on November 6, 1916. He was a widower. The appellees are female children of the deceased and at the time of his death were all of legal age. George S. Barnett, a son, was appointed the administrator of the estate. Appellant is also a son of the deceased.\nCounsel for appellant contends that the Circuit Court erred in entering the judgment because (1) the deceased, at the time of his death, was not \u201ca housekeeper, the head of a family,\u201d and (2) the appellees were not residing with him at the time of his death.\nIn Bouvier\u2019s Law Dictionary the word \u201chousekeeper\u201d is defined as \u201cone who occupies a house.\u201d In the Century Dictionary the word is defined as \u201cone who occupies a house with his family, a householder.\u201d In Bouvier\u2019s Law Dictionary the phrase \u201chead of a family\u201d is defined to mean a \u201chouseholder, one who provides for a family.\u201d In Brokaw v. Ogle, 170 Ill. 115-126, it is said: \u201cThe ordinary signification, however, of a householder is, that such a person is the head of the family, upon whom the other members are dependent. The family, within the meaning of the Homestead law, consists of those members of the household who are dependent upon -the householder for support, or to whom the householder owes some duty.\u201d\nIt was disclosed from the evidence, in substance, that deceased at the time of his death was, and had been for some time prior thereto, the owner of two lots known respectively as 2041 and 2043 Burling street, Chicago; that each of these lots was improved by separate flat buildings; that Gussie Barnett lived in the first flat of the building known as 2041 Burling street and \u201chad the management and control of the house\u201d; that George S. Barnett and Richard Barnett, her brothers, and Emily Barnett and Sarah Barnett, her sisters, lived with G-ussie Barnett; that Ida Schulte, another daughter of the deceased, lived in one of the fiats or houses at 2043 Burling street; that prior to Christmas Day, 1915, the deceased occupied a room in the basement of the building known as 2041 Burling street and took his meals generally with Gussie Barnett in her flat; that there was no inside stairway connecting said flat with said basement; that Gussie Barnett paid deceased no rent for said flat, he giving her the rent for his board; that about Christmas Day, 1915, nearly a year before his decease, he took up his abode with his daughter, Ida Schulte, at 2043 Burling street, and there slept and boarded until taken to the hospital in September, 1916; that he did not again sleep at 2041 Burling street, and that while living with Ida Schulte he \u201cgave her the rent for his board at $12 per month.\u201d\nFrom the facts disclosed in this record we do not think that the deceased, at the time of his death, was \u2022\u201ca housekeeper, the head of a family,\u201d or that appellees, to whom the award was allowed, were children \u201cresiding with him,\u201d and we are of the opinion that the judgment should be reversed.\nReversed with finding of facts.\nFinding of facts. We find, as ultimate facts in this case, that the deceased at the time of his death was not a housekeeper, the head of a family, and that at said time the appellees, Gussie Barnett, Emily Barnett, and Sarah Barnett, his children, were not residing with him.",
        "type": "majority",
        "author": "Mr. Justice Gridley"
      }
    ],
    "attorneys": [
      "Albert Peterson, for appellant.",
      "Frederick W. Elliott and Albert A. Luthmers, for appellees."
    ],
    "corrections": "",
    "head_matter": "In the Matter of the Estate of Richard Barnett, Deceased. Richard Barnett, Jr., Appellant, v. Gussie Barnett et al., Appellees.\nGen. No. 24,601.\nExecutors and administrators, \u00a7 175 \u2014when adult daughters not entitled to statutory award. Under section 77 of the Administration Act (J. & A. f 126), providing for an award to the children of a deceased housekeeper, the head of a family, residing with him or her at the time of his or her death, adult daughters were not entitled to an award where the decedent in question, their father, at the time of his death owned two adjoining lots, each improved with a separate flat building, and one of the daughters in question lived in the first flat of one of the buildings and managed the same, and all of her sisters and brothers except a married sister resided with her, and the father lived in the basement which was not connected by an inside stairway with said flat, and where the father generally took his meals with said daughter who received her flat rent free for his board; and where about a year before his death the father took up his abode with his married daughter in the adjoining building, and slept and boarded there until taken to the hospital where he died.\nAppeal from the Circuit Court of Cook county; the Hon. J. C. Eagleton, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1918.\nReversed with finding of facts.\nOpinion filed October 10, 1919.\nAlbert Peterson, for appellant.\nFrederick W. Elliott and Albert A. Luthmers, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0017-01",
  "first_page_order": 43,
  "last_page_order": 46
}