Wunderle v. Wunderle

Citations

• 144 Ill. 40
• 19 L.R.A. 84

Syllabus

<p>1. Law of descents—who may inherit—non-resident aliens — sec. 1, chap. 39, S. S. If a citizen of the United States dies intestate seized of land in this State, leaving no issue, but leaving a widow, who is a resident citizen, and a brother and sister, who are non-resident aliens and incapable of taking by inheritance, and no other kindred capable of taking are shown, the widow, under clause 6 of section 1 of chapter 39 of the Revised Statutes, will take the whole of the land as the sole heir. The kindred referred to in such statute refers to such kindred as are capable of inheriting.</p> <p>2. Same — subject to legislative control. Citizens of the United States are not deprived of the right to transmit their lands by devise or descent merely because certain of their kindred, who are non-resident aliens, are declared to be incapable of inheriting real estate. The law-making power can direct who shall be regarded as heirs, and where land shall go in default of heirs. When -a subject or citizen dies intestate, the presumption of law is that he has heirs capable of inheriting.</p> <p>3. Same — legislative power — law at the time of descent cast — vested rights. Rules of inheritance are the creatures of municipal or civil law, and except as to rights already vested, may be changed and modified at pleasure. The legislature has power to change the course of descent, and such change will operate instantly upon all estates which may subsequently descend. The law existing at the-time of descent cast governs the right to inherit. A mere expectation of property in the future is not considered a vested right.</p> <p>4. Neither citizens nor aliens have vested rights in the estates of their living kindred. But aliens who had acquired lands in this State before the act of 1887 went into effect, had vested property rights which could not be confiscated or taken from them.</p> <p>5. Same — common law — aliens incapable of taking by inheritance. The right of inheritance is an incid