Selb v. Mabee
| Decision Date | 28 February 1884 |
| Citation | 14 Ill.App. 574,14 Bradw. 574 |
| Parties | THEODORE SELB ET AL.v.ANNA MABEE, formerly, etc. |
| Court | United States Appellate Court of Illinois |
ERROR to the Circuit Court of Madison county; the Hon. WILLIAM H. SNYDER, Judge, presiding. Opinion filed April 18, 1884.
Messrs. KROME & HADLEY, for plaintiffs in error, cited Selb v. Montague, 102 Ill. 446.
Messrs. METCALF & BRADSHAW, for defendant in error; cited Merritt v. Merritt, 97 Ill. 243.
This is a suit for dower and homestead. It has twice been before the Supreme Court. Selb v. Montague, 102 Ills. 446, and Montague v. Selb, 106 Id. 49.
When it was first there, the court said: “The decree of the circuit court granting to the widow, unconditionally, dower and an estate of homestead, was therefore erroneous in not subjecting her rights each to the condition that she should, as to each right, contribute a ratable share, in regard to such right, of the redemption money paid by appellants for the discharge of the mortgages, before she should be permitted to avail herself of that right.”
The master in chancery reported the amount to be contributed by defendant in error, as respects her estates of dower and homestead, to be $1,247.98, but the court set aside the report and fixed the amount at $950.
Ratable share means the proportion in value that the two estates or interests of the widow bear to the fee simple.
The estates vested in the widow represent a certain value, and the estate in fee, the residue in value, of the whole property. The parties are to contribute in proportion to the value of their respective interests. The ratable proportion will be determined by the value of the widow's estates as compared with the value of the fee simple. The matter may be thus stated: The value of the whole estate is to the value of the widow's estates, as the whole debt is to what the widow ought to pay.
It is urged by counsel that it is recited in the decree that the court heard evidence, and that it will be presumed the court had evidence before it of the value of the fee simple estate and of the present value of the dower and homestead, and from such evidence fixed the amount of $950 as the ratable and just share the widow should pay.
Such presumption might prevail were it not that the testimony heard is preserved in a certificate of the chancellor, and is certified by him to be “all the evidence offered by either party on the trial of said cause.” We must necessarily hold there was no evidence upon which to base the findings of the court in this behalf, and to justify the amount fixed in this decree.
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Jones v. Gilbert
...and dower should be required to contribute to its discharge. Selb v. Montague, 102 Ill. 446;Montague v. Selb, 106 Ill. 49;Selb v. Mabee, 14 Ill. App. 574. The husband in his life-time had created the lien to which the estate, including the right of homestead, was subject, as we understand t......