Summary
holding trial court cannot be considered to have abused its discretion by failing to "properly weigh" aggravating and mitigating factors
Summary of this case from Farris v. StateOpinion
Gen. No. 43,326. (Abstract of Decision.)
Opinion filed June 26, 1946 Rehearing denied September 18, 1946 Released for publication September 19, 1946
ESTATES OF DECEDENTS, § 212.1 — when claim based on property agreement between husband and wife was properly allowed. Where plaintiff sought to have claim allowed against estate of her former husband, which was based upon property settlement agreement, and defendant administratrix contended that agreement was against public policy in that it was entered into for purpose of stimulating divorce between plaintiff and her husband, and it appeared that no inference of illegality could be drawn from language of agreement and that decedent had never questioned its validity during his lifetime, held that agreement was not against public policy and judgment for plaintiff was properly entered.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Judgment affirmed. Heard in the third division, first district, this court at the February term, 1945.
Myer H. Gladstone and Julius Goldfine, for appellant;
Ringer, Reinwald Sostrin, for appellee;
Philip E. Ringer and Morris Sostrin, of counsel.
Not to be published in full. Opinion filed June 26, 1946; rehearing denied September 18, 1946; released for publication September 19, 1946.