Rose v. Sanderson

Citations

• 38 Ill. 247

Syllabus

<p>1. Estate by the curtesy—act in relation to separate property of married women. A life estate vested in the husband, at the time of the passage of the act, entitled: “ An act to protect married women in their separate property,” is not within the description, “of property belonging to any married woman as her sole and separate property.”</p> <p>2. Tested rights—exemption from execution—legislative power. A legislative enactment can not take from the husband a vested life estate, and give it to the wife, nor can it take away even an inchoate right of dower. Quere. How far a Legislature may go, in exempting the husband’s life estate from execution under pretence of regulating remedies ?</p> <p>3. Courts will do no violence to the language of a law, for the purpose of exempting property from the payment of just debts.</p>