Brinkerhoff v. Everett

Citations

• 38 Ill. 263

Syllabus

<p>1. Homestead exemption—minors—abandonment. It is no abandonment of the homestead by children, some of them being minors, who after the death of the father, are taken away from the homestead to reside among their kindred.</p> <p>2. Same —premises may be rented for benefit of children, the parent having died when in its occupancy. The homestead occupied by the father at the time of His death, may be rented by the guardian of minor children for their benefit, and this is no abandonment.</p> <p>3. Same—judgments—sale. A sale of the homestead by virtue of judgments obtained against the father, made under executions issued after his death, will be set aside upon application to a Court of Equity by minor heirs against the purchaser and judgment creditors.</p> <p>4. Same—personal occupancy not necessary as to widows and minors. Decision of this Court in Walters against The People, 21 Ills. 178—that the “ occupancy” required by the statute might be by a tenant for the benefit of the widow and minor children, and that their interests would be protected as well as her’s, is affirmed.</p> <p>5. Same—what is sufficient occupancy. In order to give the statute in relation to homesteads, effect, it must be construed as requiring only such occupancy as the condition and best interests of the parties on whom the homestead right has devolved, may require.</p>