Lennahan v. O'Keefe

Citations

• 107 Ill. 620
• 1883 Ill. LEXIS 305

Syllabus

<p>1. Alimony—power of court to declare its termination. Under the statute the circuit court is invested with ample power to declare the termination of all alimony decreed to a wife on divorce, upon the occurrence of facts reasonably justifying such declaration, such as the death of the husband.</p> <p>2. So where, after a decree of divorce, the husband (the defendant) was required to pay his wife $400 per annum, payable semi-annually, as alimony, “until the further order” of the court, and after his death his widow filed her bill for the assignment of dower in his lands, and for partition, he leaving no children, and the administratrix of his estate also filed a cross-bill making the widow, and the intestate’s heirs at law, and the claimants of liens on the real estate, defendants, praying for an account of the debts against the estate, etc., that dower be assigned to the widow, that her decree for alimony be modified or cancelled,-and for partition, the court, on the hearing, entered a decree giving the widow dower, and declaring that her alimony ceased at the death of her husband; and ordered partition among the heirs: Held, that under the reservation in the decree giving alimony, as well as under the statute, the court was authorized to declare the alimony terminated, and that there was no error in so ordering.</p> <p>3. Same—terminates on death of husband. In the absence of language in a decree giving a wife alimony, showing, unequivocally, an intention to bind the heir of the husband after his death, the allowance of alimony will terminate with the life of the defendant. It can not be presumed that the payment of alimony is made a charge upon the heir; but that fact, if it exists, must affirmatively appear.</p> <p>4. Dover—in property leased—from what time rents set off. On bill for the assignment of dower, the court, in decreeing the dower, ordered that the proper proportion of the rents be set off to the dowress from the date of the decree: Held, error, as s