Merritt v. Merritt
Illinois Supreme Court
Appeal from the Appellate Court for the-Second District;— heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Francis Goodspeed, Judge, presiding.
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Appeal from the Appellate Court for the-Second District;— heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Francis Goodspeed, Judge, presiding. Hezekiah Merritt died intestate on the 23d day of February, 1877, seized in fee simple of 106.70 acres of land, in which he had a homestead, and leaving him surviving Lydia Merritt, his widow, of the age of 65 years, and several children and descendants of children, none of whom, except the widow, resided with him at the time of his death. This suit was brought by Fuller Merritt and Cordelia Lindley, two of the heirs,…
1Opinion of the CourtJustice Sheldon
It is erroneous to assume that the homestead estate of the surviving wife of the owner of a homestead is of the value of $1000. The extent of her interest is defined in section 2 of the Homestead act, and it is, that the homestead exemption shall continue after the death of her husband for her benefit, “so long as she continues to occupy such homestead.”
The estate of homestead is not $1000 worth of land, but $1000 is the value of the homestead premises to which the estate of homestead attaches. Such estate in the surviving wife is her right to occupy land of that value. The widow has no fee…
2Cited by12 opinions
- Stunz v. StunzIllinois Supreme Court · 1890
- Capek v. KropikIllinois Supreme Court · 1889
- Jones v. GilbertIllinois Supreme Court · 1890
- Wilson v. Illinois Trust & Savings BankIllinois Supreme Court · 1897
- Powell v. PowellIllinois Supreme Court · 1910
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