Doane v. Walker

Citations

• 101 Ill. 628
• 1882 Ill. LEXIS 128

Syllabus

<p>1. Doweb—widow’s quarantine—how lost. The right of a widow, under sec. 27 of the Dower act of 1845, to retain possession of the dwelling house in which her husband most usually dwelt next before his death, together with the out-houses and plantation, etc., until her dower be assigned, like other rights, may be transferred, lost, or forfeited by her own acts, and when it becomes the subject of litigation in a court having jurisdiction to pass upon it, the owner of such right will be concluded by the’adjudication with respect to it, precisely in the same way, and to the same extent, as in any other case where property rights have become the subject of judicial determination.</p> <p>2. Same—in the particular case—where dower was not finally fixed as to all the lands. In this case a widow filed her bill for an assignment of dower in several distinct parcels of land, claiming the right of occupancy of the homestead premises until her dower should be assigned in all the lands. The decree in the trial court allowed dower in all the property, but was silent as to the right of the widow to occupy the homestead premises until her dower should be irrevocably fixed with respect to the other lands. On appeal, the decree, in so far as it allowed dower in the homestead premises, was affirmed, but in respect to the other parcels it was reversed. It was held, the effect, by implication, of the adjudication in the trial court as to dower in the homestead place, being silent as to the widow’s right of continued occupancy thereof, or quarantine right, until the final disposition of the question of dower in the other property, was to deny- her that right, and it was gone.</p> <p>3. Same—petition by administrator to sell land to pay debts—silence of, the widow as. to quarantine right—estoppel. Where the widow, in her answer to an administrator’s petition for leave to sell certain real estate to pay the debts of his intestate, fails to interpose any claim to retain possession after the