Priddy v. Griffith

Citations

• 150 Ill. 560

Syllabus

<p>1. Dower — coal mines — waste. It is a well established rule of law, that a person occupying land as dower can not commit waste upon such land, and that the opening of coal or other mines thereon amounts-to waste, but it is equally well settled in this State, that when mines are already opened upon land assigned as dower, the widow has the right to operate the same and receive the proceeds thereof.</p> <p>2. A widow may be endowed of mines opened by the heir or owner of the fee after her dower attaches, and before there has been any assignment. It is not waste for her to work mines opened, although the same have been abandoned before the death of her husband. She may construct new approaches and not be guilty of waste.</p> <p>3. Same — in leased lands — contract for opening mines — rents and royalties. Where there is a valid, subsisting contract, executed by the husband in his lifetime, under which the lessees may open the mines, and by the terms of which one dollar per acre rent or royalty is to be paid annually to the lessor, his heirs or other legal representatives who, at the time, shall be legally entitled to the life estate in or fee simple title to the land until the mines are opened, and certain fixed royalties after the mines are opened and worked, the widow of the lessor will be entitled to the rent or royalty upon lands assigned as dower, after the assignment of her dower.</p> <p>i. Should the lessees open mines upon lands assigned as dower, without the consent of the widow, she will be entitled to the royalty named in the lease. In such case, the act of opening the mine would be practically the act of the husband, viz., authorized by him.</p> <p>5. A lease of coal lands for mining purposes, after fixing the royalty to be paid for coal raised, provided that until actual mining operations were commenced, the lessee, or its successor or assigns, should, on the first day of January, pay the lessor, or those succeeding to his rights, one dollar for each ac