Shoot v. Galbreath

Citations

• 128 Ill. 214
• 21 N.E. 217

Syllabus

<p>1. Do web—right of the widow—generally. Under the statute of 1845, and also under the present statute, upon the death of the husband, dower in the wife becomes consummate in all cases when he dies intestate ; and the question as to what class of heirs he leaves, or, in fact, whether he leaves heirs or not, is of no consequence. Should the fee be disposed of to others, either by the Statute of Descents or by a sale to pay debts, this dower right continues to exist, and can only be divested by the voluntary act of the widow.</p> <p>2. Same—•merger of dower right in a larger estate. Should the widow, however, become the owner of land in fee, or any part of it, her dower, ¡as in other cases where a greater and lesser estate unite in the same person, is merged in the fee, and, of course, can not be asserted.</p> <p>3. Same—in ease of death of husband without issue. Since the Statute ■of Descents of 1872, and the Dower act of 1874, as was the rule under the act of 1845, should the husband die without leaving lineal descendants, his widow will take, as heir, one-half of his lands, and will be ■entitled to dower in the other half thereof.</p> <p>4. Same—relinquishment of dower—effect of widow making deed as -administratrix. A widow, who in her capacity as administratrix makes a deed for lands of her deceased husband sold under a decree of court to pay debts, does not thereby relinquish her dower in such land, unless it is so specified in her deed, or she makes statements or does acts •calculated to mislead the purchaser.</p> <p>'5. Same—damages for non-assignment of dower—requisites of the bill —time to object. A widow is entitled to damages for the non-assignment of dower from the time of the filing of her bill for dower, that being, in law, a demand. The damages, however, should be claimed in the bill, by amendment or otherwise. But when both parties offer •evidence on the question of damages, without objection, in the court below, the objection that the bill makes no