McGee v. McGee

Citations

• 91 Ill. 548

Syllabus

<p>1. Dower—may be barred by provision in nature of jointure. Any reasonable provision, whether secured out of realty or personalty, which an adult person, previous to marriage, agrees to accept in lieu of dower, will be a good jointure, in equity, and operate as a bar to any subsequent claim to dower.</p> <p>2. Same—ante-nuptial contract, as barring dower. Where parties in contemplation of marriage entered into an ante-nuptial agreement in 1857, in which it was recited that hotji were then the owners of real and personal property, and that the intended wife, as an heir, would be entitled to other property, real, personal and mixed, and which then provided that each should retain and possess all his or her property, real, personal and mixed, in possession and expectancy, forever, absolutely free from the claim, right and control of the other, as fully as if such marriage had never taken place, and renouncing forever all claims in law and in equity of curtesy, dower, survivorship or otherwise, in and to all lands, etc., that then or might thereafter belong to or be acquired by the other, which was kept and observed by the parties after their marriage, it was held, that the contract was a reasonable one, and not prohibited by public policy, and was such as a court of equity would enforce, and compel the survivor to abide by and perform, and that on the death of the husband it might be set up as a bar to the widow’s claim of dower.</p> <p>8. Homestead—extends to widow and children. The policy of the law in relation to homesteads is to preserve the same for the benefit of the family as well as to the householder himself, and not to allow the same to be defeated by any ante-nuptial contract by the father and mother, so as to deprive their minor children of its benefits in case of the death of either.</p> <p>4. Same—on partition, in favor of minor children. On a proceeding for partition by the heirs of a deceased owner of lands, his widow is entitled to have a homestead s