Emmert v. Hays

Citations

• 89 Ill. 11

Syllabus

<p>1. Will—right of married woman to devise real estate—separate property. Since the passage of the Married Woman’s act of 1861, a married woman, married before that, act took effect, may devise, by will, real estate which she owned at the time of her marriage. Under the Rev. Stat. of 1845 she could devise her separate property, and the act of 1861 enlarged the meaning of the term “ separate property,” and made it embrace such property as a married woman owned at the time of her marriage, or such as she should acquire during coverture, in good faith, from any person other than her husband, and made the same subject to devise by her.</p> <p>2. Where a woman, at the time of her marriage (in 1860), owned real estate by inheritance from her deceased father, in 1870, while the marriage still existed, in due form of law, by will, devised the same, and in 1871 obtained a decree of divorce for the misconduct of her husband, and the will was duly probated after her death, it was held, on bill by her heirs to set aside the will and probate, that the will was valid, and passed her estate to the devisee, her husband having lost all interest in the lands by the decree of divorce.</p> <p>3. Same—regulated by statute. The rules providing for the descent of property have their origin in municipal regulation, and so, too, the power to dispose of property by will is eonferrecl by statute, and may be curtailed or enlarged, from time to time, as the legislative department may deem wise and for the best interests of the people.</p> <p>4. Same—description of land, one good and the other wrong. Where lands devised are described in the correct township and range, but, by mistake, in a wrong section, but with this addition: “being what is known as the Hays farm,” the misdescription as to the section will not hurt, as all the description except the latter may be rejected as surplusage, and it is sufficient of itself.</p> <p>5. Married women—separate property created. Since the passage of the