Opinion
Gen. No. 43,210. (Abstract of Decision.)
Opinion filed May 29, 1945 Released for publication June 14, 1945
ESTATES OF DECEDENTS, § 163 — when widow's award not waived by settlement agreement. Where widow entered into agreement with other heirs and legatees as to disposition of decedent's estate, but no provision was made for dispensing with administration or with regard to waiver of statutory widow's award for support during administration, held that widow was entitled to award of $900, since widow's award is favored by law and public policy and will not be regarded as relinquished unless it is released for a consideration and in express terms or by language sufficiently broad to indicate such intention, any uncertainty in language of agreement being resolved in favor of right to widow's award.
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.
Order affirmed. Heard in the second division, first district, this court at the October term, 1944.
Fleck, Calcagno Pollack and Owens Owens, for appellants;
David Alswang, Alexander H. Glick and Melbourne A. Chapp, for appellee.
Not to be published in full. Opinion filed May 29, 1945; released for publication June 14, 1945.