Mette v. Feltgen

Citations

• 148 Ill. 357
• 36 N.E. 81

Syllabus

<p>1. Infant—disaffirmance of deed. Where an infant, after attaining majority, expressly revokes and disaffirms a deed made by him or her during minority, it may be disregarded, and the rights of the parties will be determined the same as though the deed had never been made.</p> <p>2. Joint tenancy and tenants in common—words in deed creating joint tenancy. A deed of land to a man and his wife, “not as tenants in common, but as joint tenants,” creates in the grantees an estate in joint tenancy, with the right of survivorship.</p> <p>3. Same—presumption in favor of. Where an estate was conveyed to a plurality of persons, without adding any restrictive, exclusive or explanatory words, the conveyance, at common law, was held to constitute the grantees joint tenants and not tenants in common, it being necessary, in order to create a tenancy in common by deed, to add exclusive or explanatory words, so as to expressly limit the estate to the grantees, to hold as tenants in common, and not as joint tenants.</p> <p>4. Same—act of 1821—its effect on common law rule. The act of 1821, “concerning partition and joint rights and obligations,” undertook to deal only with joint tenancies and tenancies in common, held by the tenants in their own rights or in right of their wives. It had no application to estates held by executors, trustees or others holding estates in autre droit.</p> <p>5. As to estates held by the tenants in their own rights or in right of their wives, whether held as joint tenants or tenants in common, the act gave the right to compel partition, and in cases of joint tenancies, if partition was not made, the right of survivorship was taken away, and it was provided that the part of the tenant dying first should pass by descent or devise, and be subject to debts, dower, charges, etc., and be transmissible to executors or administrators, and be considered, for every intent and purpose, in the same view as if the deceased joint tenant had been a tenant in common.</