Robbins v. Kinzie

Citations

• 45 Ill. 354

Syllabus

<p>1. Dowbil—mode of relinquishment of—governed Iry statute. The common law mode of relinquishing the right of dower has never obtained in this State, but is purely the creature of statutory enactment.</p> <p>3. Same—right of defined—when and how released. Dower is not a present interest or estate in lands, but simply consists of an inchoate right, subject to conveyance only after assignment, when it becomes an' estate, but may be released, by the widow to the owner of the fee, or relinquished and pass with the fee in the mode prescribed by statute.</p> <p>3. Same—release of—may occur after conveya/nce of the fee. Under the act of 1853, to effect a release of the dower interest, it is not 'necessary that it should occur simultaneously with the conveyance of the fee. Such interest may be afterward, and during coverture, released by the husband and wife to the owner of the fee. • ,</p> <p>4. Same—what amounts to a release of. K. and his wife conveyed certain lands to B., but which deed did not operate as a release of- her dower right ; several conveyances thereafter were made by different owners of the fee, when at last, one S., to whom they were conveyed, deeded the same to H., and he to R., S. conveying with covenants of general warranty, the right to convey and against incumbrances. Afterward, K. and his wife executed a release and quitclaim of the premises to S., by which, in terms, they released all right and claim of dower in the premises, to him and his assigns; the deed reciting, that it was made to confirm the title previously conveyed by S. Held, that, by such release to S., the wife’s right of dower became effectually barred, and that the same inured to the benefit of the grantee of S., who was the owner of the fee. That S., being a covenantor for title, was in privity with it, and bound to defend it, and could take such release for the purpose of answering Ms covenants.</p>