Legal Opinion

Hart v. Burch

Illinois Supreme Court

Decided October 31, 1889PublishedCited by 16 opinions

Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. David Hart died seized of certain lands, and leaving him surviving, his widow, Elizabeth, and eleven children, to whom the land descended in equal parts, incumbered with the dower of said widow.

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Appeal from the Circuit Court of Morgan county; the Hon. Cyrus Epler, Judge, presiding. David Hart died seized of certain lands, and leaving him surviving, his widow, Elizabeth, and eleven children, to whom the land descended in equal parts, incumbered with the dower of said widow. Subsequently to the death of said David, Wesley B. Hart, one of such children and heirs-at-law, died intestate, leaving him surviving, his widow, Lucy A., appellee, and children, to whom his interest in said lands descended, subject to the dower of his widow. Afterwards, certain of the heirs-at-law of David Hart,…

1Opinion of the CourtChief Justice Shope

The principal question arising upon this record is, whether the quitclaim deed of August 29, 1886, from Lucy A. Burch, appellee, to appellant, operated to release her dower in the lands of which her husband died seized. It is not questioned that this deed was in every way sufficient for that purpose, if the grantee therein stood in such relation to the estate that a release thereof to him would unite the dower with the fee. Upon the death of her husband, Wesley B. Hart, appellee’s right of dower in the undivided one-eleventh part of the land of which David Hart died seized, and of which her…

2Cases cited5 opinions

  1. Summers v. BabbIllinois Supreme Court · 1851
  2. Reiff v. HorstCourt of Appeals of Maryland · 1880
  3. Busey v. HardinCourt of Appeals of Kentucky · 1842
  4. Young v. KeoghIllinois Supreme Court · 1850
  5. Winchester v. ShawSupreme Judicial Court of Maine · 1879

3Cited by16 opinions

  1. Levy v. Broadway-Carmen Building Corp.Illinois Supreme Court · 1937
  2. Evans v. HunoldIllinois Supreme Court · 1946
  3. Jennings v. DunphyIllinois Supreme Court · 1898
  4. Miller v. MillerIllinois Supreme Court · 1928
  5. Fletcher v. ShepherdIllinois Supreme Court · 1898

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