{
  "id": 2777691,
  "name": "Eva Brenner v. Philip A. Gauch, Exr.",
  "name_abbreviation": "Brenner v. Gauch",
  "decision_date": "1877-06",
  "docket_number": "",
  "first_page": "368",
  "last_page": "370",
  "citations": [
    {
      "type": "official",
      "cite": "85 Ill. 368"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.565,
    "pagerank": {
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    "sha256": "6e6dfde9631f72275f4cf3fcefa203c1b6339b748a4ff1181d1db2e0e685a1a7",
    "simhash": "1:d7fb8b258909ec32",
    "word_count": 584
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  "last_updated": "2023-07-14T15:23:08.823727+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Eva Brenner v. Philip A. Gauch, Exr."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Dickey\ndelivered the opinion of the Court:\nAppellant filed her petition in the county court for the appointment of appraisers, to appraise and set off to her, out of the estate of her deceased husband, what in our statute is called the \u201c widow\u2019s award.\u201d\nThe county court allowed the petition, and the executor appealed to the circuit court, where judgment was rendered against the application.\nThe decision of the circuit court was made on demurrer to the petition.\nThe only question presented to this court is, whether the right of the widow in this regard is, or is not, cut off by an ante-nuptial agreement, which is set out in the petition.\nOn the one hand, it is insisted that her right to a \u201c widow\u2019s award \u201d is in no way affected by the ante-nuptial agreement, and that she is entitled to the full benefit of both; while, on the other, it is claimed that she is barred from claiming a widow\u2019s award by the mere execution of the ante-nuptial agreement by her and her deceased husband.\nThe provision in that agreement, relied upon as a bar to this claim, is, that\u201cathis death she shall have and receive from his estate the sum of $1500, which sum shall be received by her in lieu of her dower, and in full satisfaction of all other rights, claims and interests which she might otherwise have in the estate * * * by virtue of said marriage.\u201d Deceased left no heirs interested in having the \u201c widow\u2019s award\u201d set off to her.\nBy a fair construction of this agreement, the mere execution of the paper was not intended to be \u201c in lieu of her dower and in full satisfaction of all other rights, claims and interests,\u201d but it is the receipt of the $1500 which was to thus operate as a substitute for such claims. Her right to the \u201c widow\u2019s award \u201d remains unaffected by the ante-nuptial agreement until the $1500 mentioned therein-shall have been paid or tendered to her. She is under no obligation to take' the place of an ordinary creditor, and take the hazard of the solvency of the estate, or await the delay of its administration. On the face of the petition, she is entitled to the relief sought.\nIf the executor seeks to avail himself, as such, of the pro-\nvisions of the agreement as a bar to this proceeding, he may pay the amount, and then plead it as a defense.\nThe judgment must be reversed, and the cause remanded for further proceedings in conformity to the views here expressed.\nJudgm&nt reversed.",
        "type": "majority",
        "author": "Mr. Justice Dickey"
      }
    ],
    "attorneys": [
      "Mr. William Winkelman, for the plaintiff in error.",
      "Mr. John B. Hay, for the defendant in error."
    ],
    "corrections": "",
    "head_matter": "Eva Brenner v. Philip A. Gauch, Exr.\nWidow\u2019s award\u2014effect of ante-nuptial agreement. A provision in an ante-nuptial agreement that the wife, at the husband\u2019s death, shall have and receive from his estate the sum of $1500, which shall be received by her in lieu of her- dower, and in full satisfaction of all other rights, claims and interests which she might otherwise have, does not, of itself, bar her claim to the widow\u2019s award under the statute. It is the receipt of the money that is to have that effect, and, until it is paid or tendered to her, she will have the right to have appraisers appointed to appraise and set off the award.\nWrit oe Error to the Circuit Court of St. Clair county; the Hon. William H. Snyder, Judge, presiding.\nMr. William Winkelman, for the plaintiff in error.\nMr. John B. Hay, for the defendant in error."
  },
  "file_name": "0368-01",
  "first_page_order": 372,
  "last_page_order": 374
}