Guyton v. Guyton
| Decision Date | 24 September 1959 |
| Docket Number | No. 35169,35169 |
| Citation | 161 N.E.2d 832,17 Ill.2d 439 |
| Parties | Virginia T. GUYTON, Appellee, v. John GUYTON, Appellant. |
| Court | Illinois Supreme Court |
Lloyd D. Heth, Chicago, for appellant.
James P. Morgan, Sol R. Friedman and I. S. Friedman, Chicago, for appellee.
By decree entered July 3, 1958, the circuit court of Cook County granted the plaintiff, Virginia T. Guyton, a divorce from her husband, John Guyton, on the ground of desertion. After reciting that parties have entered into an agreement adjusting their property rights, the decree provides that defendant shall convey to the plaintiff free of any encumbrance the real estate theretofore occupied by them as a home; that he shall pay her as a lump sum settlement in lieu of alimony the sum of $15,000, out of which she shall pay bills incurred by her in the approximate amount of $5,000; and that she shall have as her sole and separate property, all of the household goods, furniture and furnishings on the premises, with the exception of defendant's clothing and certain other personal effects. It was further provided that each is divested of all rights in any property which the other now has or may hereafter acquire. Defendant appeals from that part of the decree ordering the conveyance of property and the payment of money to the plaintiff. A freehold being involved the appeal is properly taken directly to this court.
Defendant contends that no settlement agreement was ever reached; that even if made, the agreement is invalid because not reduced to writing; and that there is no evidence showing the settlement to be fair and equitable. On the issues involved in this appeal the record discloses that the parties were married on September 25, 1954; that no children were born of the marriage; that defendant did not appear at the hearing; and that the evidence consists of plaintiff's testimony as to the terms of the stipulation or agreement. By affirmative answers to questions by her counsel she testified that in the event the court sees fit to grant a divorce she and her husband had agreed upon a settlement of alimony, property and all other rights; that according to this agreement the home is to be deeded to her clear of encumbrances, including the present mortgage of about $18,000; that she is also to receive $15,000 in cash and is to hold defendant harmless of all bills she had incurred, totalling some $5,000; that in addition he is to pay her the sum of $5,000 in full for her attorneys' fees; that she is to receive all the goods, furniture and furnishings in the home, except defendant's personal items and toys belonging to his two children by a former marriage; and that she is to have to further claim for alimony, dower, or other rights in the property of defendant.
The defendant's attorney, who also represents him on this appeal, was present throughout the hearing, made no objection to any of Mrs. Guyton's testimony, and introduced no evidence on defendant's behalf. When plaintiff's counsel presented a draft of the decree three weeks later, however, he objected on the grounds that his client was unable to obtain an anticipated loan, from the proceeds of which the payments to plaintiff were expected to come; that Mr. Guyton was without funds and deeply in debt; that the plaintiff's present and former lawyers were unable to come to an agreement among themselves upon the respective amounts of their fees; and that the items in the home which were to belong to the defendant were not sufficiently specified. After noting defendant's objections, the court proceeded to enter the decree for divorce, awarding to the plaintiff the real estate, furniture and household goods, and ordering defendant to pay off the mortgage and pay to the plaintiff the additional sum of $15,000. It was further provided that defendant's clothing, wearing apparel, golf clubs or books remaining on the premises were to remain his separate property, and that the plaintiff shall turn over to him the toys belonging to his children by a prior marriage.
On July 11, 1958, defendant filed, in support of a motion to vacate the decree, his affidavit and that of his attorney setting forth substantially the same considerations related to the court when the decree was presented. The motion was denied, and a notice of appeal to this court was filed on November 12, 1958.
On November 19, 1958, a purported order was entered, over defendant's objection, amending the decree so as to insert a provision ordering defendant to pay plaintiff's present attorneys the sum of $5,000 for her attorneys' fees in full. The order recites a finding that the amount of attorneys' fees was inadvertently omitted from the decree.
To reverse the portions of the decree appealed from, ...
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Melichar v. Ost
...intended the agreement as a property settlement and that consequently it was not subject to modification."); Guyton v. Guyton, 17 Ill.2d 439, 444-45, 161 N.E.2d 832, 835 (1959) ("The law looks with favor upon the amicable settlement of property rights and is reluctant to disturb decrees bas......
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Marriage of Savas, In re
... ... (Guyton v. Guyton (1959), 17 Ill.2d 439, ... Page 1325 ... [93 Ill.Dec. 490] 161 N.E.2d 832; Kloster.) Respondent's reliance on In re Marriage of ... ...
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Lamp v. Lamp
...agreement, or the incompetence of a contracting party or gross disparity in the position or capacity of the parties. Guyton v. Guyton (1959), 17 Ill.2d 439, 161 N.E.2d 832; Jackson v. Ferolo (1972), 4 Ill.App.3d 1011, 283 N.E.2d In the cases of Chamberlin, Pope and Barlow relied upon by the......
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Marriage of Kloster, In re
...to and the objecting party fails to object or to give evidence to the contrary, the agreement is established. (Guyton v. Guyton (1959), 17 Ill.2d 439, 444, 161 N.E.2d 832.) A property settlement should not be disregarded simply because one party has second thoughts. Horwich v. Horwich (1979......