Field v. Field

• Citation: 215 Ill. 496,74 N.E. 443
• Parties: FIELD v. FIELD.
• Decision Date: 17 April 1905
• Court: Supreme Court of Illinois

215 Ill. 496

74 N.E. 443

FIELD

v.FIELD. ^*

Supreme Court of Illinois.

April 17, 1905.

Appeal from Appellate Court, First District.

Petition by Frances C. Field for an apportionment of a widow's allowance from the estate of James H. Field, deceased, in which proceeding Chloe M. Field filed a cross-petition praying similar relief. From a decree in favor of petitioner, modified by the Appellate Court, cross-petitioner appeals. Affirmed.

Story & Story, for appellant.

A. J. Redmond, for appellee.

RICKS, C. J.

This is an action originally brought in the probate court of Cook county by appellee to have the widow's award of $1,200, as fixed by the appraisers of the estate of James H. Field, deceased, awarded to her. A cross-petition was filed by appellant, who also asked to be paid the widow's award. The probate court found in favor of appellee. Appellant appealed to the circuit court, where the finding was also in favor of appellee, and from that decree appellant prosecuted a writ of error to the Appellate Court, where the decree of the circuit court was affirmed in all respects, except in the allowing of interest on the widow's award from the date of its allowance and set-off. This the Appellate Court held to be erroneous, and a further appeal is now prosecuted to this court.

It appears from the record that the appellee, Frances C. Field, was lawfully married to James H. Field in August, 1850, in the state of New York. They there lived as man and wife until 1860, when they moved to Chicago. Shortly after moving to Chicago, Field purchased a house at 708 Fulton street, and there lived with appellee until about the year 1869, when he left her, and refused thereafter to become reconciled or again live with her. Six children were born to them, three of whom were living at the time of his desertion. Field, after abandoning his wife, went to live with a Mrs. Matson, the mother of appellant. In the year 1875 he filed a bill in the superior court of Cook county praying for a divorce, alleging cruelty and desertion. Appellee contested, and upon a hearing the jury found the issues in favor of her, and the bill was subsequently dismissed. Field in December, 1878, filed another petition for divorce in Boone county, Neb. In that petition he alleged that he had been a resident of Nebraska for one year, and that he was then a resident of Boone county, and made practically the same charges that he had made in the superior court of Cook county. The petition was sworn to by deceased, who filed his affidavit stating that personal service could not be had upon Frances Field in the state of Nebraska. From the record it also appears that notice was given of the taking of depositions ‘to Frances Field, residence unknown,’ and other witnesses, all of whom appeared to have resided in Chicago. A decree was entered by the Nebraska court finding Frances Field in default, stating that the court is ‘satisfied that said defendant has been lawfully served with notice of the pendency of this suit, as provided by statute,’ and also finding that the allegations of the petition are true, and granting to the petitioner a divorce from appellee, Frances Field, and the custody of the two minor children. Shortly after the entering of this decree, in April, 1879, Field and appellant went to the state of Iowa, and were there married, and immediately came back to the city of Chicago, where they continued to live together until his death, which occurred in 1894. Shortly after the death of the deceased, appellee filed a petition for letters of administration, which were issued to her, but subsequently, upon the probation of the will, which, after giving $1,000 to Edna, a daughter of the deceased and appellee, gave the balance of the estate to his ‘beloved wife, Chloe M. Field,’ the probate court revoked the letters previously issued to appellee.

The only question to be determined here is as to who was the lawful wife of James H. Field at the time of his death in 1894, and to decide this point it will only be necessary to determine as to the legality of the proceedings and the validity of the decree for divorce in the state of Nebraska. It appears from the evidence that appellee was living at the time the decree was obtained at the same place in Chicago she had always lived since removing to Chicago, and that...