Monroe v. Van Meter

Citations

• 100 Ill. 347
• 1881 Ill. LEXIS 102

Syllabus

<p>1. Freehold—as affecting riglit of appeal. Where an interpleader is filed in an attachment suit, by a third person claiming title to the land levied upon, and the plaintiff in attachment claims that the defendant in the writ has a life estate, upon which an issue is formed as to the ownership of the land at the time of the levy, and a trial is had, a freehold is involved, and an appeal lies directly from the trial court to this court.</p> <p>2. Curtesy—requisites to estate. There are four things necessary to make a tenancy by the curtesy: marriage, seizin of the wife, issue born, and death of the wife. If no issue is born prior to the time the estate was abolished, July 1, 1874, the marriage, seizin and death of the wife will not invest the husband with the estate.</p> <p>3. Will—devise to a married woman, when excludes estate of curtesy in husband. Where a testator provided in his will that no part of the property given to his married daughter should ever, in any event, be liable, in whole or in part, towards the payment of any debt of her husband, but that all of it should be held and kept free from such liability, it was held, that by necessary implication the husband of the devisee was excluded from any estate by the curtesy, even if that had not been abolished by statute.</p>