Trask v. Baxter

Citations

• 48 Ill. 406

Syllabus

<p>1. Dower-^widow may retain possession of homestead until dower be assigned. Where, in an action of ejectment, the plaintiff claimed as the heir of a deceased person who died seized of the land in fee, and the proof showed that the defendant was not in the occupancy of the premises at the time of the commencement of the suit, and had only cultivated the land since then, by permission of the widow, who had been in the sole opcupancy thereof since the decease of her husband, and that her dower had never been assigned: Meld, that a recovery could not be had.</p> <p>2. Same. Under our statute, the widow, in all cases, can retain the possession of the dwelling house in which her husband most usually dwelt next before his death, together with the outhouses and plantation thereto belonging, free from molestation and rent, until her dower be assigned.</p>