Hayack v. Will
Illinois Supreme Court
Appeal from the Probate Court of Cook county; the Hon. C. C. Kohlsaat, Judge, presiding. Appellant, as administrator of Frederick Will, filed his petition to sell land to pay debts, which contained all jurisdictional averments.
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Appeal from the Probate Court of Cook county; the Hon. C. C. Kohlsaat, Judge, presiding. Appellant, as administrator of Frederick Will, filed his petition to sell land to pay debts, which contained all jurisdictional averments. It appeared the deficiency of the personal estate to pay the debts of said deceased amounted to the sum of $1087.25. Said Frederick Will died seized in fee simple of an undivided half of lot 21, in block 7, in Cass’ subdivision of the east thirty acres of the south sixty-four acres of the north-west quarter of section 25, township 39, north of range 13, east of the…
1Opinion of the CourtChief Justice Phillips
It was said in Clubb v. Wise, 64 Ill. 157: “During the life of the parents the children have no vested interest. The former have the whole title, and the absolute right of disposition without the concurrence or consent of the children. The parents may release the homestead right or put an end to it by abandonment, and the children can assert no right therein adversely to the acts of the parents. Whatever concludes the latter from asserting the homestead tight, and thereby deprives them of it, must, on principle, in like manner affect their children who succeed them.” This was held under the…
2Cases cited2 opinions
- Capek v. KropikIllinois Supreme Court · 1889
- Clubb v. WiseIllinois Supreme Court · 1872
3Cited by3 opinions
- Walker v. WalkerIllinois Supreme Court · 1899
- Reminger v. JoblonskiIllinois Supreme Court · 1915
- Rayborn v. Farmers State BankAppellate Court of Illinois · 1925