Mettler v. Miller

Citations

• 129 Ill. 630
• 22 N.E. 529

Syllabus

<p>!• Estate by the ohbtesy—when it will attach—widow in possession and dower not assigned. In 1846 the owner of land died intestate, leaving a widow, and a daughter as his sole heir. In 1851 the daughter married, and there was issue born of the marriage, but the widow’s was never assigned: Held, that the husband of the heir took an estate by the curtesy initiate upon the birth of issue, notwithstanding the widow’s right of quarantine, as the possession of the widow, under the statutory right to retain the possession of the dwelling house and plantation thereto belonging until her dower should be assigned, was not adverse to the title of the heir by descent.</p> <p>2. Same—seizin in fact—whether essential. A seizin in fact, as distinguished from a seizin in law, prior to the time the estate by the curtesy was abolished by statute, was not necessary in order to vest an estate by the curtesy. In this State actual possession is not essential to the passing of title to real estate by conveyance, will or the Statute of Descents.</p> <p>3. Same—purchaser from tenant by the curtesy—what rights accrue to Mm. If a sale is made by a husband, of land in which he has an estate by the curtesy, of which he has never been in the actual possession, but his immediate or remote grantee takes possession under the purchase, such act will perfect the husband’s title as tenant by the curtesy, and the vendee will have the right to the land during the lifetime of the husband.</p> <p>4. Same—elements and character of estate initiate. The interest of the husband as tenant by the curtesy initiate, prior to the abolition of the estate of curtesy, was a legal estate, which was assignable. It was a freehold during the life of himself and wife, with a freehold in remainder to himself for life, and a remainder to the wife and her heirs in fee.</p> <p>5. Widow’s qtjabantine—abandonment. If a deed be made by a widow, of lands of her husband, whether it operates to convey to the grantee her dower and