Dinet v. Eigenmann

Citations

• 80 Ill. 274

Syllabus

<p>1. Alimomy—sum in gross. Under the statute, the court may, when the justice of the case requires it, decree a sum in gross in full satisfaction of yearly alimony, and even a portion of the husband’s real estate in fee to the wife.</p> <p>2. Same—as to amount. Where the husband receives property of his wife by the marriage, or converts her means into real estate, taking the title in his own name, or where the wife, from her industry, economy and business capacity, contributes largely to the accumulation of a fortune, it is equitable and just that she should share largely in such property, on divorce for the husband’s fault; but where she brings nothing to the husband, and contributes but little or nothing to the accumulation or increase of his fortune, she has no just claim to share in a division of property, but is only entitled to alimony as a support, according to his circumstances and condition in life.</p> <p>3. Same—allowing interest on sum. A decree giving a wife alimony and a certain sum in gross, which requires the defendant to pay ten per cent per annum interest on the same, is erroneous. A decree can draw but six per cent interest, except by consent of the parties.</p> <p>4. Same—execution for its collection. A decree for the payment of ali. mony, like any other money decree, may be collected by execution, where the decree does not provide for its being executed by a master in chancery or a commissioner. An execution may issue precisely as upon a judgment at law.</p> <p>5. Same—not released by wife's death. The sum awarded to a wife, after divorce, for alimony, becomes a debt from the former husband to her, and upon her death before payment, the husband is not discharged, but the sum due passes to her personal representative precisely as any other money decree, and he may proceed and collect the same.</p> <p>G. Decebe—awarding execution after pcu'ty's death who is entitled to money. Where a person, having a decree for the payment of money, dies before s