Ross v. Ross

Citations

• 78 Ill. 402

Syllabus

<p>1. .Alimony—amount allowed. Courts of equity will act upon a rule of just and fair proportion of the alimony allowed, to the estate of the defendant, in rendering a decree for alimony.</p> <p>2. A decree which gives to the complainant as alimony, substantially, all of the defendant’s property, is manifestly wrong.</p> <p>8. Same—vesting the fee in the wife. The practice of vesting the fee of real estate in the wife, by a decree for alimony, although sometimes sanctioned by this court under special circumstances, is objectionable.</p> <p>4. Unless there are special reasons to the contrary, the better mode of decreeing alimony is, by an annual allowance, to be held under the control of the court, secured upon the property, or a life estate in the property.</p> <p>5. Same —for purpose of paying defendant's debts. Where a decree for alimony gave to the complainant, substantially, all the defendant’s property, and ordered her to pay his debts, it was evident that a portion of the alimony allowed was for the purpose of paying such debts, and it was held, that such decree was without precedent, and unwarranted.</p>