Legal Opinion

Walters v. People

Illinois Supreme Court

Decided December 15, 1856PublishedCited by 14 opinions

Tms was a cause commenced in the county court of Fulton county, at the March term, A. D. 1855, on petition of Nathan Beadles, setting forth that the administratrix had filed an inventory or account current in the estate of William C. Walters, deceased, setting forth also that the personal estate was exhausted, and that there still remained large amounts against the said estate unliquidated.

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Tms was a cause commenced in the county court of Fulton county, at the March term, A. D. 1855, on petition of Nathan Beadles, setting forth that the administratrix had filed an inventory or account current in the estate of William C. Walters, deceased, setting forth also that the personal estate was exhausted, and that there still remained large amounts against the said estate unliquidated. That he was one of the creditors, and that there was real estate belonging to the estate not yet disposed .of, and praying citation against Marville C. Walters, the administratrix, and an order compelling…

1Opinion of the CourtScates, C. J.

Two questions arise, whether a tract of timber, a mile from the farm land, and not adjoining, yet from which supplies of timber, rails, firewood, etc., were alone derived for the support of the farm, can be treated as part of the homestead under the act of 1851, where both tracts do not exceed the amount fixed in the act; and whether the widow, having leased the farm and dwelling for a year after the death of her husband, and resided six or eight miles from it, with her father, until her recovery from a confinement, thereby lost her homestead rights, by abandonment, though she did not intend…

2Cases cited1 opinion

  1. Hurst v. SelvidgeTennessee Supreme Court · 1847

3Cited by14 opinions

  1. Brokaw v. OgleIllinois Supreme Court · 1897
  2. Murphy v. FarquharSupreme Court of Florida · 1897
  3. McDougall v. MeginnissSupreme Court of Florida · 1885
  4. Fyffe v. BeersSupreme Court of Iowa · 1864
  5. Randal v. ElderSupreme Court of Kansas · 1873

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