Adlard v. Adlard

Citations

• 65 Ill. 212

Syllabus

<p>1. Ohanceby—effect of sworn answer, where oath is waived in hill. Where the hill of complaint waives an answer under oath, the answer of the defendant, although under oath, can be regarded only as a pleading in the case, to which the oath adds no force.</p> <p>2. Husband and wise—whether property talcen in the name of the wife was intended as a provision for her or not. Where a husband placed all his earnings in the hands of Ms wife for investment, and she purchased three parcels of real estate, taking the deeds therefor to herself, which recited that the conveyances were made for her sole and separate use, as her separate estate, independent of her husband; and it appeared that the husband had knowledge of such clause in each of the deeds, having examined the papers; that the relations existing between them at the time were of the most cordial nature, and that such provision for the wife at the time it was made was not extravagant or unreasonable: Held, in the absence of fraud being shown, that it would he inferred from the facts that the husband in tended a settlement of such property upon the wife as a separate and in dependent estate beyond his control.</p> <p>3. Same—presumption as to settlement or provision for wife must he area sonable one. While it is no doubt a natural presumption that a husband, placing Ms money in the hands of his wife, to he invested in her name, intends it as a specific provision for her exclusive benefit, yet such a pre sumption would be unreasonable where a husband, a day laborer, deposits with his wife Ms daily, weekly or monthly earnings as he receives them, with a view, as they accumulate, to a permanent investment, leaving such investment to her own judgment, retaining nothing in his own hands, and making no provision for his own future.</p> <p>4. Where it appeared that the husband, who followed the business of ornamental painter and grainer for a livelihood, from which he realized large profits from his earnings, had made a re