Piper v. Piper

• Decision Date: 17 December 1907
• Citation: 231 Ill. 75,83 N.E. 100
• Parties: PIPER v. PIPER et al.
• Court: Illinois Supreme Court

231 Ill. 75

83 N.E. 100

PIPER

v.PIPER et al.

Supreme Court of Illinois.

Dec. 17, 1907.

Appeal from Circuit Court, Richland County; P. A. Pearce, Judge.

Action for partition by Anna Piper against Allen H. Piper and others. From a decree approving the report of commissioners, fixing solicitor's fees and directing a sale of part of the premises, defendants appeal. Affirmed.Gee & Barnes, T. A. Fritchey, and H. T. Dewhirst, for appellants.

H. G. Morris, for appellee.

Howard Piper and Anna Piper were married in 1877 and lived together, except for the slight interval hereinafter mentioned, for about 30 years. During the first part of this time they were in very moderate circumstances, but about 1898 he inherited a considerable sum of money-some $65,000-from a relative in California. In June, 1902, the wife filed her bill for divorce, charging habitual drunkenness, and that he associated with immoral women, and had contracted a disease therefrom. It appears that at the time of filing this bill the two were living on a farm, occupying the same house, but it was testified to that for about two weeks they had not been occupying the same room. On June 23, 1902, both parties came to town, and a separation was agreed upon, Mr. Piper paying his wife $11,000 and Mrs. Piper signing an agreement whereby she released, quitclaimed, and conveyed to her husband all the right, title, and interest she then had or which might accrue in the future, as the wife of said Piper or otherwise, in and to every interest in his real and personal estate then possessed by him or thereafter acquired, except such as had been purchased with her money. The bill for divorce was also dismissed. This agreement was signed in the early part of the afternoon. Along toward evening of the same day Piper hunted up his wife, and a reconciliation was effected. They went back home together, commenced occupying the same room, and lived together in comparative harmony, so far as the record shows, until his death. Lidle, Mrs. Piper's son, who transacted much of his stepfather's business, Knopf, a banker, who also advised Piper in business matters, Higgins, proprietor of a saloon where Piper often drank, and Emma Ritchey, Piper's cousin, all testified, in substance, that Piper told them the postnuptial contract had been done away with and was destroyed; that it was no longer in force; that he and his wife were living together just as they were before. The couple moved to Olney, where Piper died February 25, 1907, leaving no children nor descendants thereof. A considerable portion of his estate was in real property, of which the widow claims half by virtue of descent, together with dower and homestead in the other part. The heirs at law, his five brothers and sisters, claim that the agreement is still binding, and that they are the owners of all of said real estate under the statute of descent. Appellee commenced partition proceedings in the circuit court of Richland county March 9, 1907. The defendants answered, admitting that Mrs. Piper was the owner of an undivided one-half of part of the real estate described in the bill, which she had acquired prior to the death of her husband, but denying that she had any interest in the real eatate...