Wolf v. Wolf

1. Curtesy. Where a wife died in April, 1872, in the possession of real estate under a quit-claim deed, children having been born alive during the marriage, it was held, that the life estate of the husband by the curtesy became consummate, and a recovery by him in ejectment against his children, the heirs at law of the deceased wife, was sustained. 2. Ihhebitable estate—evidence of. The possession of a wife of real estate under a quit-claim deed purporting to convey the title as between the parties, is of itself evidence of an inheritable estate in her. 3. Homestead—by children as against father claiming by the curtesy. Where the husband succeeded to an estate by the curtesy in the homestead of his wife upon her death, before the act of 1872 took effect, the question of homestead right in favor of the minor heirs of the wife can not arise as against him, and he may recover in ejectment against the heirs.

Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, Judge, presiding. This was an action of ejectment by Andrew J. Wolf against William H. Wolf, Henry H. Wolf, Adelia Wolf and Caroline Wolf, for the recovery of a lot in the city of Bloomington. The plaintiff in his declaration claimed a life estate. The plaintiff introduced in evidence a quit-claim deed from J. H. Rowell to Susannah Wolf, his late wife, dated October 3, 1870, purporting to convey the lot to her. The plaintiff was then sworn, and testified that Susannah Wolf was his wife; that defendants were his children; that Susannah Wolf died in April, 1872; that defendants were in possession of the premises; and that Susannah Wolf lived upon the premises at the time of her death. This was all the evidence on his part. The defendants proved that they lived upon the premises with their mother up to her death, and were still in possession of the same; that the plaintiff had not lived with his wife for more than two years past, and had abandoned her and refused to support her or the family; that one of the defendants was still a minor, and that the premises were occupied as a homestead by the defendants. There was a judgment in favor of the plaintiff, from which the defendants appealed.