Atkin v. Merrell
Illinois Supreme Court
Writ of Error to the Circuit Court of Jefferson county; the Hon. S. S. Marshall, Judge, presiding. In March, 1862, Minerva Merrell, as the widow of Melson C. Merrell, deceased, exhibited her bill in chancery in the Circuit Court "of Marion county, for an assignment of dower'in certain premises, in which she alleges her husband was seised of an equitable estate of inheritance during their coverture.
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Writ of Error to the Circuit Court of Jefferson county; the Hon. S. S. Marshall, Judge, presiding. In March, 1862, Minerva Merrell, as the widow of Melson C. Merrell, deceased, exhibited her bill in chancery in the Circuit Court "of Marion county, for an assignment of dower'in certain premises, in which she alleges her husband was seised of an equitable estate of inheritance during their coverture. The suit was afterward removed into the Circuit Court of Jefferson county, on change of venue. The ground of the complainant’s claim is set' forth in the amended bill. She alleges that she is the…
1Opinion of the Court
Hr. Chief Justice Walker
delivered the opinion of the Court:
We regard the doctrine as settled in this court, that an equitable estate of inheritance, in real estate, is subject to the dower of the wife. If the husband, during the marriage, is seised of an equitable estate in fee, which would on his death descend to his children, it answers the requirements of the statute giving dower, and the widow’s dower can only be defeated by her voluntary act, performed in the mode pointed out in the statute. A sale or transfer by the husband in such a case can no more bar the wife’s dower than in case he…
2Cited by11 opinions
- Bedford v. BedfordIllinois Supreme Court · 1891
- Peyton v. JeffriesIllinois Supreme Court · 1869
- Kyle v. WillsIllinois Supreme Court · 1897
- Sill v. SillIllinois Supreme Court · 1900
- Marsh v. IrwinIllinois Supreme Court · 1897
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