Fight v. Holt

Citations

• 80 Ill. 84

Syllabus

<p>1. Homestead exemption—does not extend to widow as against the heirs and their grantees, under acts of 1851 and 1857. The acts of 1851 and 1857, in relation to homestead, only created an exemption from forced sales or alienations by the husband, and did not extend to the widow the right of homestead in premises of which her husband died seized, as against the heirs or the grantees, or purchasers from the heirs.</p> <p>2. Partition—sale may he made subject to widow's dower. On a petition for partition of real estate, where it appears that the premises are not susceptible of partition, there is no error in ordering the estate to be sold subject to the widow’s dower, -which may afterwards be assigned in accordance with the provisions of the statute.</p>