Kauffman v. Peacock

Citations

• 115 Ill. 212
• 3 N.E. 749

Syllabus

<p>1. Do WEB—inchoate right—of its nature, and how terminated—surplus after sale on foreclosure. The inchoate right of dower does not become property, or anything more than an expectancy, at any time before it is consummated by the husband’s death. And if real estate of which her husband was seized, is sold under a deed of trust in which the wife unites with her husband and releases her dower, the surplus proceeds of the sale, after satisfying the debt secured, becomes the personal property of the husband, and her inchoate right of dower in the property is terminated.</p> <p>2. And any surplus arising from the sale, left after paying the mortgage debt, becoming the personal property of the husband, if living, is liable, as such, to be taken by his creditors the same as personal property acquired by him from an;r other source.</p> <p>3. Same—section 5 of the Dower act. The statute (section 5 of the Dower act,) giving the wife of a mortgagor the right of dower in the surplus arising from a sale, only when the sale is made after the death of the mortgagor or husband, would seem, by implication, to exclude her right of dower in the surplus when the sale is in the lifetime of the husband.</p>