Harrer v. Wallner

Citations

• 80 Ill. 197

Syllabus

<p>1. Married woman—deed executed by, when under eighteen yea/i’s of age, void. A deed executed by a married woman under the age of eighteen years, for the conveyance of her estate, is void, and not merely voidable; hence she is not required to take any steps after coming of age to avoid it</p> <p>3. Estate by the entirety—when it exists. Prior to the act of 1801. a deed of conveyance to a husband and wife created a joint estate in them by the entirety during their natural lives, and to the survivor on the death of either, and the rights of the parties to a vested and absolute title to such an estate could not be changed, modified or affected by that act.</p> <p>3. Same—nature and peculia/r features. The estate by the entirety vests in the survivor absolutely and in fee, and, by the destruction of the estate of one, it enures to the other. Neither can have partition, nor can either sell the estate so as to affect the rights of the other, and when their rights to the property are invaded, a suit for the injury, or for the recovery of the property, must be joint, because the property and the right to its enjoyment is joint during coverture.</p> <p>4. Same—rights and powers of wife in, not affected by act of 1861. From the very nature of the estate by the entirety, the act of 1861 could not remove the disabilities so as to confer upon the wife any more right to sue for any interest in property held by such title during coverture, -than she had before; hence the Statute of Limitations can not run against a wife who was tenant by the entirety at the time of the passage of the act of 1861, so long as coverture continues.</p> <p>o. Same—converted by divorce into a tenancy in common. Where a husband and wife, who are seized of an estate by the entirety, are divorced, the estate by the entirety is destroyed, and they become tenants in common.</p> <p>6. Chancery practice. A wife, who is seized of an estate by the entirety with her husband, may include, in a bill against him f