Kingman v. Higgins

Citations

• 100 Ill. 319
• 1881 Ill. LEXIS 97

Syllabus

<p>1. Witness.—of party suing as heir. Parties suing to have a cloud upon their homestead removed, which they claim as heirs of their deceased father, are competent witnesses to testify in their own behalf as to circumstances and facts which occurred after the death of the father of the defendants, who also claim as heirs.</p> <p>2. Chanceby—only proper evidence considered. On the hearing of a bill in equity the court will consider only such evidence as is competent.</p> <p>3. Homestead—can be released only in the statutory mode. The homestead right can be released or waived only by a writing to that effect by the householder, acknowledged as required by the statute, or by the surrender or abandonment of possession to a purchaser under a conveyance. It can not be waived by any parol declaration not carried into effect.</p> <p>4. Same—sufficiency of proof of. On the claim of a homestead by the minor children of a deceased person, the proof showed that the deceased occupied the premises up to the time of his death by residence thereon, that he was married, had children, and that he lived with them on the premises as the head of the family, and that the land was not of the value of $1000: Held, that the proof was cle'arly sufficient, and brought the case within every requirement of the statute.</p> <p>5. Same—of minor heirs—how extinguished. Where a homestead estate devolves upon the minor children of a deceased owner, it can be extinguished only by an order of court directing a release thereof.</p> <p>6. Same—widow can not release after her abandonment. After a widow has permanently abandoned the homestead of her deceased husband, and the children of her husband by a former wife, taking her. own infant child, with her, she will have no interest in the estate of homestead to release, and any attempt on her part to do so will be void as to the minor step-children remaining upon the premises, and they will succeed to such estate.</p> <p>7. Same—right of widow to abandon