Lœb v. McMahon

Citations

• 89 Ill. 487

Syllabus

<p>1. Homestead—as against estate by curtesy given husband. Under the law giving a homestead exemption, to continue after the death of the householder in whom it may be, for the benefit of the family, until the youngest child becomes twenty-one years of age, the homestead exemption right is paramount to the husband’s estate by the curtesy, and must prevail over it when there is attempted to be asserted in opposition to it, as against surviving children, a right acquired by grant from the husband of Ms estate as tenant by the curtesy.</p> <p>2. When a wife, seized of land, dies while occupying the same as a homestead, and her husband and minor children continue such occupancy after her c^eath, and the husband executes a deed of trust upon the premises, under which a sale is made, a court of equity will enjoin a suit at law for the recovery of possession brought by the purchaser at the trustee’s sale, until the youngest child becomes twenty-one years of age, but it will be error to declare the sale and deed made by the trustee inoperative and void, and require the purchaser and trustee to convey 'their interest to the minor children.</p>