Recht v. Kelly

Citations

• 82 Ill. 147

Syllabus

<p>1. Exemption—waiver, by executory contract. A waiver of a debtor’s right to claim personal property as exempt from execution, when attempted to be made by an executory contract, is ineffectual, and will not be enforced-</p> <p>2. A clause in a promissory note, expressly waiving the “benefit of all laws exempting real or personal property from levy and sale,” being contrary to public policy, is inoperative, and confers no right to levy upon and sell personal property which is exempt.</p>