Wheeler v. Dawson

Citations

• 63 Ill. 54

Syllabus

<p>1. Dower—assignment—improvements by widow. A widow who occupies the lands of her deceased husband without payment of rent to the heirs at law, has no right to charge the heirs with the taxes paid thereon by her, nor to build houses, stables, or break prairie and reduce wild land to cultivation at the expense or charge of the heirs. And where the lands are sold because not susceptible of division, she releasing her dower in the land, it is error for the court to allow her for such taxes and improvements</p> <p>3. Same—lien for claim, against estate. On bill by the heir for the assignment of the widow’s dower, the court allowed the widow a claim established in her favor as administratrix, for debts of the estate, paid by her, to be paid out of the proceeds arising from the sale of the land: Held, no error, as such claim was an equitable lien, and not barred.</p> <p>3. Judgment of county court—settlement of administrator's account. Where an administratrix of an estate was allowed, on final settlement, a certain sum in her favor, on account of debts of the estate paid hy her, it was held, that she thereby became a creditor of the estate to the amount allowed her, and that the order of the county court was conclusive until reversed on appeal or impeached by bill in chancery showing a mistake in her account.</p> <p>4 Interest. The allowance of a claim against an estate by the county court, like any other judgment, draws interest from its rendition.</p>