Skinner v. Newberry

Citations

• 51 Ill. 203

Syllabus

<p>1. Wills—when renounced by the widow—she tabees one-third of personalty after payment of debts. The construction to be given to the 10th and 11th sections of our statute of dower, in determining the share of the widow in the personal estate of her deceased husband, where she has renounced his will, is, that she is entitled to one-third of the personal estate after the payment of debts.</p> <p>2. Same—question not affected by the fact that there are children.—AM the fact that there are children, in this case, in no wise affects the question.</p> <p>3. Personal estate—what constitutes. Moneys due a testator at his decease, upon contracts for the sale of real estate, made by him during his life, no deed having been executed, are to be considered a part of his personal estate, the same as other debts due the estate.</p> <p>4. But the widow by claiming her share of the purchase money, arising out of such contracts, thereby bars her right of dower in the lands sold.</p> <p>5. And the objection, that those contracts which were liable to forfeiture at the death of the testator, can not be considered as personalty, is without force, since the testator did not assert such right.</p>