Breit v. Yeaton

Citations

• 101 Ill. 242
• 1882 Ill. LEXIS 84

Syllabus

<p>1. Pasties—who are necessary parties—and when one not a party may be bound by a decree. Where the interest of one person is involved in that of another, and that other possesses the legal right, so that the interest may be asserted in his name, it is not necessary to bring both before the court to bind them by the decree.</p> <p>2. If there is no tenant in tail in being, the first person in being entitled to the inheritance should be made a party to a bill in chancery affecting the title to land, and if there be no such person in being, then the tenant for life; and in such cases the decree will bind the other persons not in being.</p> <p>3. Same—as to after-born children. On bill by husband and wife, against trustees, to reform a marriage settlement made by the wife in contemplation of marriage, on the ground of mistake, her children, who are to take the estate' in fee after the death of the party holding for life, are necessary parties. They, taking as purchasers, will not be affected by any decree to which they are not made parties, even though such decree is rendered before their birth.</p> <p>4. Settlement in anticipation of marriage—of restrictions as to alienation or disposition. A woman, prior to marriage, may place such restrictions as she pleases upon the future alienation or disposition of her property, not forbidden by or contrary to the policy of the law; and when such restrictions are made to protect the property and herself from the influence of her husband, they will be regarded as of substance, and not of mere form.</p> <p>5. Poweb oe disposition by married woman—by deed or will—as to the manner of execution. Where a marriage settlement, made by a woman in view of marriage, places her property in the hands of trustees, the interest and dividends to be paid to the husband during the joint lives of the parties, and the balance in such part and proportions, manner and form, as she shall, from time to time, during coverture, limit or appoint, by any