Lux v. Hoff
Citations
- 47 Ill. 425
Syllabus
<p>1. Conveyances—to husband and wife. Where the estate in fee is conveyed to a husband and wife, they are neither joint tenants nor tenants in common; both are seized of the entirety, and the whole estate goes to the survivor.</p> <p>2. Nor is this rule of the common law alfected by the fifty-sixth section of the statute of wills.</p> <p>3. Resulting trusts—where wife furnishes money. Where lands are bought with money of the wife, and the conveyance is to the husband and wife by name, and their heirs and assigns forever, and there is no evidence showing an intention on the part of the wife to create a trust, the law will infer that she conferred an interest on her husband, such as expressed in the deed, and no trust will arise by operation of law in favor of herself or her heirs.</p>
Judges: Breese
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