Bailey v. West

Citations

• 41 Ill. 290

Syllabus

<p>Trust estate — dower. Where a person holds lands in trust for another, the wife of the trustee is not entitled to dower in such premises. But until the establishment of the trust the widow is prima facie entitled to dower, and in a suit to establish the trust, the widow of the trustee and her husband by a second marriage, are necessary parties. Her -separate deed after her second marriage and during coverture could not operate to relinquish her dower in the premises. Nor could she convey her right of dower before it was assigned, to any person but the owner of the fee. The husband of the widow by the second marriage, if she had dower in the premises, was entitled to the rents and profits, and should have been made a party that he might contest the establishment of the trust, and could not be barred from asserting the right except he was a party to the decree.</p>