Attridge v. Billings

Citations

• 57 Ill. 489

Syllabus

<p>1. Guardian and-ward—purchasing land with the ward's money. Three persons owned an “improvement” on land belonging to the United States. One of them died, leaving children, of whom one of the surviving owners became guardian, receiving money in that capacity, which he loaned upon mortgage security, as required by law. Afterwards the two surviving owners of the improvement purchased the land from the government in their own right. Upon bill filed by the wards to have a trust declared in their favor in respect to such portion of the land as would be embraced in their father’s interest in the “ improvement,” it was held to be no part of the guardian’s duty to appropriate any portion of the wards’ money towards the purchase of any of this land for them.</p> <p>2. Guardians will not, ordinarily, be permitted to change the personal property of the infant into real property, or the real property into personalty.</p> <p>3. Stepchildren—of their support. A step father is under no legal obligation to support his wife’s children by a former marriage.</p> <p>4 “Improvements” on public land—subsequent sale by the government. The owner of an ‘‘improvement” on the public lands can not set the same up in bar of any action by a bona fide purchaser of such lands from the United States. While such “improvements” are regarded as property in this State, the right expires on a sale of the land by the government to a third person.</p> <p>5. Widow—of her right to occupy the home place. Where a party died while the owner of a “ claim ” or “ improvement ” upon the public lands, and upon which he resided with his family at the time of his death, and his widow became his administratrix, it was held, that within the spirit of the statute which provides that the widow may, in all cases, retain the full possession of the dwelling house in which her husband most usually dwelt next before his death, together with the outhouses and plantation thereto belonging, free from molestation and rent, unt