Boyles v. McMurphy

Citations

• 55 Ill. 236

Syllabus

<p>1. Widow—of her rights upon renunciation of will of her husband—construction of sections 10 and 11 of dower act. Upon the renunciation by a widow of the will of her husband, under the tenth and eleventh sections of the statute of dower, she becomes entitled not only to her share in the personal property, but also to dower in the lands of which her husband died seized.* </p> <p>2. The eleventh section of that statute, which declares the effect of the renunciation of the will to be, that “ such widow shall thereupon be entitled to dower in the lands or share in the personal estate of the husband,” is not to be construed as confining the widow to a right to dower in the lands or her share in the personalty, the one or the other, the tenth section having provided that she may elect to “ take her dower in the lauds, and her share in the personal estate of her husband.”</p> <p>3. Same—of her rights under the fifteenth section. Where a widow renounces the will of her husband under the tenth and eleventh sections of the dower act, she may then, under the fifteenth section, if there be no children or lineal descendants, “ if she elect, have, in lieu of her dower in the estate of which her husband died seized,” one-half of all the real estate in fee, which shall remain after the payment of debts, and still be entitled to “her share” in the personalty; the one-half of the real estate being given in lieu of dower alone, and the legal meaning of the word “ dower,” is an interest in land alone, and is so used in that statute.</p> <p>4 Same—construction of act of 1847. The statute of 1847, which declares, “the word dower, as used in the forty-sixth section of the one hundred and ninth chapter of the Revised Statutes, entitled ‘ Wills,’ shall be construed to include a saving to the widow of persons dying intestate, of one-third of the personal estate forever, after the payment of debts,” only enlarges the meaning of the word “ dower,” so as to embrace an interest in personal est