McMahill v. McMahill

Citations

• 105 Ill. 596
• 1883 Ill. LEXIS 126

Syllabus

<p>1. Homestead—how extinguished or lost. There are only two modes by which the homestead right or estate may be extinguished: First, by a release, waiver or conveyance in writing, subscribed by the householder and his wife, or her husband, if he or she has one, and acknowledged in the same manner as conveyances of real estate are required to be acknowledged; or, second, by conveyance of the premises, with abandonment or giving up of possession.</p> <p>% Same—can not be released by ante-nuptial contract. A widow’s homestead right can not be barred by an ante-nuptial contract to that effect. Such contract may bar dower, but not the right to the homestead, even though the widow may not have any issue of the marriage. The provision securing a homestead being a matter of public concern, can not be abrogated by private contract.</p>