Strawn v. Strawn's Heirs

Citations

• 50 Ill. 256

Syllabus

<p>■I. Widow—of her rights before dower is assigned—as to the occupancy of the homestead. Under the 27th section of the dower act, the widow may, in all cases, retain the full possession of the dwelling house in which her husband most usually dwelt next before his death, together with the out-houses and plantation thereto belonging, free from molestation and rent, until her dower be assigned; and this right extends to the entire plantation, without regard to its size, which, in this case, contained about three thousand acres.</p> <p>2. And being entitled to all the rents and profits arising from such plantation, the widow must pay all the taxes on it, and bear all the expense of its control and management, during the time she has such exclusive enjoyment thereof.</p> <p>3. Same—of the rights of the widow before dower is assigned—as to the profits arising from lands other than the home farm. A widow is not entitled to any portion of the rents and profits arising out of lands other than the home plantation, before her dower is assigned, except from the time she makes demand for her dower, although her right of dower may attach to such other lands. The scope of tlie 17th section of the dower act is, to prevent the widow from suing for her dower for a period of one month after the death of her husband, thus affording the heir or remainderman ample time within which to make an assignment, and on his failing to do so, her right of action accrues. The 26th section, requiring a demand by the widow, was designed to free the heir or remainder-man from damages, until she should make demand and put him in further default.</p> <p>4. Damages—for non-assignment of dower—of the measure thereof—and from what lime to be computed. Under the 26th section of the dower act, the widow is not entitled to damages for non-assignment of dower until she makes demand therefor. But an actual formal demand has not been held necessary. If facts appear from which it can be seen that the heir or rem