Legal Opinion

Hartwell v. DeVault

Illinois Supreme Court

Decided January 17, 1896PublishedCited by 12 opinions

Appeal from the Circuit Court of Greene county; the Hon. George W. Herdman, Judge, presiding. The original bill in this cause was filed on July 19, 1894, by Anna L. Hartwell, widow of Cyrus Hartwell, for dower in and partition of the lands described therein, alleging that the said Cyrus Hartwell died on June 4,1894, seized in fee simple of the lands therein described, leaving no child or children or descendants of child or children, but leaving complainant, Anna L. Hartwell,…

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Appeal from the Circuit Court of Greene county; the Hon. George W. Herdman, Judge, presiding. The original bill in this cause was filed on July 19, 1894, by Anna L. Hartwell, widow of Cyrus Hartwell, for dower in and partition of the lands described therein, alleging that the said Cyrus Hartwell died on June 4,1894, seized in fee simple of the lands therein described, leaving no child or children or descendants of child or children, but leaving complainant, Anna L. Hartwell, his widow, and the defendants, his sisters and nephews and nieces, as his only heirs-at-law, alleging, that, by the…

1Opinion of the CourtJustice Magruder

The question is, whether appellant is entitled to dower in the lands in Greene county conveyed by John Leemon to her husband, Cyrus Hartwell, on May 10, 1887. By joining with her. husband, in consideration of his giving her a note for §10,000.00, in the execution on the same day of a deed to Leemon of, the lands in Vermilion and Scott counties, and by entering up judgment, after his death, upon this, note against his estate, did appellant waive the right to claim dower in the lands in Greene county? The answer to this question depends upon the further question, whether there was such an…

2Cases cited4 opinions

  1. Cowdrey v. HitchcockIllinois Supreme Court · 1882
  2. Mitchell v. WordSupreme Court of Georgia · 1878
  3. Wilcox v. RandallNew York Supreme Court · 1850
  4. Elser v. HeinzerAppellate Court of Illinois · 1890

3Cited by12 opinions

  1. Metheny v. BohnIllinois Supreme Court · 1897
  2. Gehrke v. GehrkeIllinois Supreme Court · 1901
  3. McMullen v. ReynoldsIllinois Supreme Court · 1904
  4. Gill v. EagletonNebraska Supreme Court · 1922
  5. Haber v. GoldbergSupreme Court of New Jersey · 1918

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