Kitterlin v. Milwaukee Mechanic's Mutual Insurance

Citations

• 134 Ill. 647
• 10 L.R.A. 220

Syllabus

<p>1. Homestead—prior to the act of 1873—nature of the right. Prior to the going into effect of the act of 1873, the right of homestead was a mere exemption, and when the householder, in whom the exemption •existed, conveyed without the formal waiver of the homestead, the effect was to transfer his title to the land, but so far as it affected the homestead right, the operation of the deed was suspended until the exemption was extinguished.</p> <p>2. Same—since the act of 1873—character of the interest in the householder. But by the act of 1873 tile householder became invested with an estate in the land, measured and defined by the value, and not by the extent or quantity, of his interest in the land or lot. And when the interest of the householder in the premises, whether in fee, for life or for years, does not exceed $1000 in value, the homestead estate comprises and embraces his entire title and interest, leaving no separate interest in him to which liens can attach or which he can alien, distinct from the estate of homestead.</p> <p>3. The estate of homestead thus created is based upon the title of the householder, and can have no separate existence independently from the title, which constitutes one of its essential elements and from which it is inseparable.</p> <p>4. Same—upon the death of a householder—upon whom the estate devolves. Upon the death of the householder in whom the estate of homestead is primarly vested, the estate, by operation of law, devolves upon the surviving husband or wife, for his or her life, and upon the •children of the householder dining the minority of-the youngest; and the heir-at-law takes a reversionary interest, only, expectant upon the termination of the estate for life and for years created by the statute.</p> <p>5. Same—limitation of value—as affecting the character of interest. Where the value of the property to which the estate attaches is more than $1000, the excess is unaffected by the estate ; but when its value does not e