Deltzer v. Scheuster

Citations

• 37 Ill. 301

Syllabus

<p>1. Widow—right of, to separate property. The right of a widow to her separate personal property, under the 48th section of the statute of wills, is not affected by her failing to renounce the benefits of a will in which land was devised to her by her husband.</p> <p>2. Statutes—construction of. Section 10, of chapter 34, of the Revised Statutes, must be construed to apply to other “personal estate,” than that set apart to her under the 48th section of the chapter of wills.</p> <p>3. Widow—how separate allowance to be raised. Although the widow is to be considered a creditor of the estate to the extent of her separate allowance, and entitled to have the real estate sold for its payment, yet if the will of the husband devise separate parcels of real estate to her and to his children, the fund for the payment of her allowance should not be raised exclusively from the estate devised to the children, but should be apportioned between that and the estate devised to her, according to their respective values.</p> <p>4. Homestead. In apportioning the burden between the widow and children, the homestead, being in the occupancy of the widow, but devised to the children, should not be taken into the account or ordered to be sold.</p> <p>5. Appobtionment op bubden. Where there is a common fund, in the hands of different parties, liable to a common burden, the burden should be equally borne.</p>