Shepard v. Brewer

Citations

• 65 Ill. 383

Syllabus

<p>1. Homestead—right of infants in, lost by the abandonment of pan'ent. Although infant children have rights in the homestead, they are necessarily under the control of their parents during the joint lives of the latter; and as the mother becomes the head of the family upon the death of the father, her abandonment of the homestead will deprive such children of their homestead right.</p> <p>2. Same—facts showing an abandonment of. Where the widow of one who had mortgaged his homestead without releasing the right, some time after the death of her husband, went to Nevada territory, leaving the premises in charge of a son-in-law to rent for her infant children whom she left behind; was there married, and lived with her husband for eight months in Nevada, when she returned, and in about two years afterwards executed a quit claim deed to her son-in-law, which was inoperative to pass title because her husband had not joined in its execution, and the grantee took possession and made improvements on the premises exceeding the original value of the property: Held, that while her deed was invalid for the reason stated, yet its execution taken in connection with the other facts showed a clear intention to abandon the homestead, and must be held with the other facts to constitute an abandonment of it.</p> <p>3. The homestead righ,t will be lost by a voluntary abandonment without an animus revwtendi.</p>