Jackson v. Jackson

Citations

• 144 Ill. 274
• 33 N.E. 51

Syllabus

<p>1. Cuktesy—estate by the curtesy — at common law. At common law where a man marries a woman seized, at any time during coverture, of an estate of inheritance, and has issue by her born alive, which might by possibility inherit the same estate as heir to the wife, and she dies in the lifetime of the husband, he will hold the land during his life by the curtesy.</p> <p>2. Husband and wife—interest of husband in the lands of his wife—at common law. Under the common law there were two interests which, under the marriage relation, a husband might acquire in the lands of the wife: first, by virtue of the marriage alone the husband had the right to occupy the lands of which the wife was seized and to receive the rents and profits during coverture; second, upon the birth of a child capable of inheriting, the husband became invested with an estate in the lands, which, during the life of the -wife, was denominated initiate, and upon her death became consummate.</p> <p>3. A woman married in 1858 acquired title to eighty acres of land and had issue born capable of inheriting in 1859, and also in 1860. Held, that her husband took a vested estate in the land as a tenant by the curtesy initiate, which he might have conveyed, and one which might have been sold on execution against him, and that it was not within the power of the legislature to deprive him of such vested estate by any subsequent act.</p> <p>4. Same—Married Woman?s act of 1861 and 1874—abolishing estate by curtesy. Where a married woman in 1873 acquired title to a forty-acre tract, it was held that her husband was, by the Married Woman’s act of 1861, precluded from acquiring any estate in such land during the coverture, and the wife not dying until after the act of 1874 took effect, he took only dower in such land. During his wife’s life the husband had no vested estate in his wife’s land, acquired since the act of 1861, and the legislature had the right to abolish the estate by curtesy.</p> <p>5. Bill of review—w