Carling v. Peebles
Illinois Supreme Court
Writ oE Error to the County Court of Macoupin county; the Hon. J. B. Vaughn, Judge, presiding. William Carling, Sr., died intestate in Macoupin county on November 21, 1903, leaving him surviving Sarah E. Car-ling, his widow, and John M. Carling, William Carling, Jr., and Sarah E. Metcalf, as his children and sole heirs-at-law.
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Writ oE Error to the County Court of Macoupin county; the Hon. J. B. Vaughn, Judge, presiding. William Carling, Sr., died intestate in Macoupin county on November 21, 1903, leaving him surviving Sarah E. Car-ling, his widow, and John M. Carling, William Carling, Jr., and Sarah E. Metcalf, as his children and sole heirs-at-law. Jesse Peebles was appointed administrator of his estate, and thereafter, as such administrator, he filed a petition in the county court of said county for an order to sell all of the real estate of which William Carling, Sr., died seized, to pay debts. The widow filed…
1Opinion of the CourtJustice Hand
delivered' the opinion of the court:
It is clear Sarah E. Carling was entitled to dower in all of the real estate of which her husband, William Carling, Sr., died seized unless she was barred of such right, in whole or in part, by the payment to her of said sum of $600 and the execution and delivery to her husband of said instrument in writing. It is conceded that at the common law the husband could not contract with the wife for the release of her dower in his real estate, in whole or in part, as was attempted to be done in this case, and the sole question presented for decision is, since the…
2Cases cited5 opinions
- Crum v. SawyerIllinois Supreme Court · 1890
- Hamilton v. HamiltonIllinois Supreme Court · 1878
- Thomas v. MuellerIllinois Supreme Court · 1883
- Luttrell v. BoggsIllinois Supreme Court · 1897
- Hieser v. SutterIllinois Supreme Court · 1902
3Cited by4 opinions
- Hoagland v. HoaglandOhio Supreme Court · 1925
- Edwards v. EdwardsIllinois Supreme Court · 1915
- Laleman v. CrombezIllinois Supreme Court · 1955
- Weinebrod v. RohdenburgIllinois Supreme Court · 1931