Bishop v. Davenport

Citations

• 58 Ill. 105

Syllabus

<p>1. Advancement—what will not be so regarded. Where the heir of an intestate has received property from such intestate, in his life-time, and by an instrument in writing, whether under seal or not, acknowledged the receipt thereof as his full share of the estate, the property so received, not having been charged to him, and the transaction beinguntainted with fraud, must beheld to be in full payment and satisfaction of his share of the estate, by express agreement.</p> <p>2. Same—not within the statute. The provisions of sections 63 and 164, of the statute of wills, bearing upon the subject of advancements, have no application to a case of this character.</p> <p>3. Rede abe of expectancy—by a married woman or minor—void. But in such case, if, at the time of the execution of the release, the person giving it was a feme covert, such agreement is void, or if a minor it is not binding upon him.</p> <p>4. Same—equally void—if executed by the husband for his wife. Nor will it avail anything that such release was executed by a married woman, jointly with her husband. The husband has no authority to make an agreement of that character, which will bind his wife.</p>