McNeer v. McNeer

Citations

• 142 Ill. 388
• 19 L.R.A. 256

Syllabus

<p>1. Husband — his estate, at common law, in his wife’s lands. At common law, by virtue of the marriage alone, and without the birth of issue, the husband was seized of an estate during coverture in the lands held, by his wife in fee. He was said to be seized of the freehold jure uxoris, and took the rents and profits during the joint lives of himself and wife. This estate terminated on the death'of either the husband or the wife.</p> <p>2. A husband’s marital estate, at common law, in his wife’s land was such as might be sold on execution against him. It was a vested estate in him, and it was not competent for legislation, without his consent, to take it from him and give it back to his wife.</p> <p>3. A husband’s estate jure uxoris in his wife’s real estate, at common law, on the birth of issue capable of inheriting, is changed in its character, and he becomes tenant by the curtesy initiate, and, as such, entitled to an estate in his wife’s lands in his own right and for his own life.</p> <p>4. Same — effect of Married Woman’s act of 1861. Since the Married Woman’s act of 1861, the husband has not had such an interest in his wife’s land by the curtesy initiate as to amount to a vested interest. His interest is contingent until the death of his wife, and before her ■death a law cutting off the estate by the curtesy is valid, and defeats the husband’s estate or interest, whatever it may be.</p> <p>5. The Married Woman’s act of 1861 had the effect of abolishing the •estate known as the estate during coverture or tenancy by the marital right, but it did not destroy the estate of tenancy by the curtesy initiate. That estate, however, was materially modified by the act. Under the act the husband, as tenant by the curtesy, had no control over his wife’s lands. His interest as such tenant could not be conveyed by him, nor was it. subject to execution. His estate became consummate only •on the death of his wife seized of the property. It was liable to be ■defeated by her