Hagerty v. Hagerty

Citations

• 149 Ill. 655
• 36 N.E. 981

Syllabus

<p>1. Homestead—an estate in land—how it passes. Since the passage oí the present statute the homestead is an estate in land, vested in the person designated by law, and passes in the mode provided by the statute.</p> <p>2. Under the present statute, by virtue of the provisions of section 2, upon the death of the householder in whom the homestead is vested the estate passes to the surviving husband or wife, for his or her bene, fit, and that of the children, until the youngest thereof arrives at the age of twenty-one years; and under the latter clause of the section, if the husband or wife shall desert his or her family, the estate passes to and continues in favor of the one occupying the premises as a residence.</p> <p>3. In 1881 a husband conveyed lots owned by him to his wife, which they occupied as their homestead until in May, 1888, when he left his wife in the occupation of the premises, went away Irom her, and never returned or contributed to her support. The separation was repeatedly claimed by him to be final, and his abandonment of the premises was voluntary on his part: Held, that the husband was not entitled to reenter and enjoy the homestead rights and interest therein, there being no abandonment of the homestead shown by the wife, whether she took under the husband’s deed or by virtue of the statute.</p> <p>4. Same—how established,—occupancy—deserted wife or husband. In order to impress premises with the estate of homestead, originally, it is necessary that they shall be occupied by the householder as a homestead. And so of the continuance of the homestead for the benefit of a deserted wife or husband and family, the premises must be occupied by the householder, or them, at the time of such desertion. But a very different rule obtains as to the character of occupancy or possession necessary to preserve the estate of homestead after it has attached to the premises.</p> <p>5. Same—effect of renting the premises. Where a husband, by the desertion of his w