Strickler v. Yeasts

Full title: Helen G. Strickler and Roy S. Strickler, Appellants, v. William K. Yeats…

Court: Appellate Court of Illinois, First District

Date published: Mar 11, 1941

309 Ill. App. 128 (Ill. App. Ct. 1941)

32 N.E.2d 681

Opinion

Gen. No. 41,128. (Abstract of Decision.)

Opinion filed March 11, 1941

HOMESTEADS, § 13^_ — joint tenancy, right of surviving wife. Where husband and wife were cotenants, and husband gave a quitclaim deed of his interest to plaintiff before his death, plaintiff could not claim one half the rents and profits in accounting against administrator of wife, because surviving wife was entitled to the exclusive use of the homestead and rents and profits therefrom until the homestead was extinguished, regardless of its value.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. ROBERT J. DUNNE, presiding.

Affirmed. Heard in second division, first district, this court at February term, 1940.

Earl J. Walker, for appellants;

C.A. Pedderson and Sterns Jones, for Appellees;

Opinion by PRESIDING JUSTICE FRIEND.

"Not to be published in full." Opinion filed March 11, 1941.