McCord v. McKinley

Citations

• 92 Ill. 11

Syllabus

<p>1. Administration—widow’s award—passes title to her. Where a widow’s award exceeds the appraised value of the personal property, and she elects in writing to take the personal property at its appraised value in lieu of the specific articles, and the balance in money, and files her receipt therefor as administratrix, which is approved by the county court, the title to the personal estate will be vested in her as her sole and separate property forever, except that it may in a certain event be charged with the payment of the funeral expenses, and upon her death it will pass to her administrator.</p> <p>2. If the estate is insolvent, the widow’s allowance will be encumbered with the payment of the funeral expenses, and if the estate consists of personal property only, and it is barely sufficient, when taken at its appraised value, to meet her award, she will be required to pay the funeral expenses before she is entitled to receive the property, but it is otherwise if the intestate leaves real estate sufficient to pay all his debts.</p>