Greenbaum v. Austrian

Citations

• 70 Ill. 591

Syllabus

<p>1. Doweb—when it attaches. The widow of one who, in his lifetime, had made a contract to purchase land, but had not paid the entire purchase money, is not entitled to dower in such land when there is not sufficient personal estate of the deceased, out of which to complete the payment of purchase money.</p> <p>2. If, however, there is personal estate in the hands of the administrator, and he completes the payment of the purchase money, then the widow’s dower will attach.</p> <p>3. Same—what necessary to create, when the heirs perform the contract after the death of the ancestor. Where a party made a contract for the purchase of land, and died before making full payment, if his heirs complete the payments, it is incumbent, upon the widow to contribute her relative portion of the purchase money remaining unpaid at her husband’s death, to entitle her to dower in the land.</p> <p>4. Contract—rescission or specific pecfiormamee, when minors ace interested. Where a contract for purchase and sale of land was entered into between two parties, and, before it was performed, the vendee died, leaving minor heirs, and the vendor filed a bill against the administrator and the guardian of the heirs, asking for a specific performance or a rescission of the contract, as the court might direct, the court should act for the best interest of the heirs; and if a rescission of the contract would best promote their interest, a decree to that effect should be entered. If, on the other hand, it. would best promote the interest of the heirs, and the guardian has sufficient funds, the court should order him to pay the balance of the purchase money, and take a deed to the heirs, or the court should order that the interest of the heirs in the contract be offered for sale, and if it brought more than the sum the heirs would have to pay, that it be sold, and if not, then that the contract be rescinded.</p> <p>o. But, in such case, where the personal estate of the deceased is not sufficient to p