that in all things except the amount to be paid by said defendant to said petitioner for the said children, the report of the master herein be confirmed, and that the said decree heretofore entered herein as to the allowance of alimony and maintenance be and the same is altered as follows: That the said defendant, John Dawson, on the tenth day of each and every month hereafter, beginning June 10, 1888, instead of paying the said petitioner $150, shall pay to the said petitioner the sum of $175, as and for alimony and for support and proper education of said children, during the natural life of said petitioner, or until the further order of this court; and the payment of the sum of $175 per month is hereby made a lien and charge upon all the real estate of said defendant; and that the defendant pay to Frank A. Johnson, solicitor for said petitioner, the sum of $200 as solicitor's fees, within sixty days from the rendition of this decree, and that defendant pay the costs of this proceeding, to be taxed by the clerk of this court, within sixty days from the rendition of this decree; and that in default of the payment of any of said sums in the manner and at the time herein provided, execution issue therefor, and that the injunction issued in this cause be and the same is dissolved. (b) And Referring Amount. Form No. 7914. (Precedent in Blake v. Blake, 68 Wis. 304.) [(Caption as in Form No. 7833.)]1 The plaintiff's motion to modify the judgment herein, dated May 6, 1882, by further adjudging to her alimony out of defendant's income and property, having come on to be heard on the 23d day of October, 1886, and the same having been submitted by the plaintiff on the order to show cause dated September 25, 1886, on the verified and filed petition of said plaintiff, and on the record and judgment roll of this cause, and on the oral argument of J. A. Eggen, plaintiff's attorney, and by the defendant on said record and judgment roll, on the affidavit of the defendant, and on the oral argument of E. Mariner, Esq., his attorney, and the court having taken the motion under advisement, and being now sufficiently advised in the matter, the court finds that this case is a fit and proper one in which to allow alimony as prayed for in said petition. Now, therefore, on motion. of J. A. Eggen, plaintiff's attorney, it is ordered and adjudged that said motion be, and the same hereby is, granted, with ten dollars costs. And it is further ordered and adjudged that, for the purpose of fixing and adjusting the terms of such further or additional judgment, a hearing be had before this court, at which due proof may be taken of all pertinent facts. And it is further ordered that the plaintiff, or her attorney, give the defendant's attorney due notice of the time and place of such hearing, in the manner required by law. Dated November 26, 1886. By the court. Charles A. Hamilton, 1. The matter to be supplied within [ ] will not be found in the reported case. (2) Decreasing ALIMONY AND CHANGING CUSTODY OF CHILD. Form No. 7915. (Precedent in Umlauf v. Umlauf, 35 Ill. App. 624.) [(Caption as in Form No. 7834.)]1 This case, having been reinstated in pursuance of the mandate of the Supreme Court of the State of Illinois, and coming to be heard upon the order of said Supreme Court on May 16, 1889, directing a modification of the decree heretofore entered in this cause, fixing the custody of the children of said parties, and the amount to be paid monthly by the said Lewis Umlauf for the support of the said children, and it appearing that said Lewis Umlauf is in default in his payments, under the decree in said cause of April 22, 1887, to the amount of three hundred and sixty dollars ($360), being the sum in arrear on the allowance for the support of Arthur Umlauf, from the first Monday in November, A. D. 1887, up to the time of filing the opinion of the Supreme Court in this case, it is ordered that said Lewis Umlauf pay to said Victoria Umlauf the sum of three hundred and sixty dollars ($360), the amount in arrear under the decree of April 22, 1877. And the said Lewis Umlauf, having moved the court for an order committing to him the custody of the said Arthur Umlauf, it is ordered that the said Victoria Umlauf shall produce in court the said Arthur Umlauf forthwith; and that the said Lewis Umlauf, upon the production of the said Arthur, have the custody of the said Arthur; and that hereafter, and from and after the date of the filing of said opinion of the Supreme Court, to-wit: May 16, 1889, the said Lewis Umlauf be relieved from paying into court, monthly, the $20 required by said decree of April 22, 1887, for the support of said Arthur; but that the said Lewis Umlauf continue the payment of said $20 for the support of said Oscar, at the office of the clerk of the court, and to the said clerk, and to be paid over by the said clerk to the said Victoria; and it is further ordered that the said Lewis Umlauf pay the costs of this proceeding, to be taxed; and that the said Victoria shall have the privilege of visiting and freely communicating with the said Arthur, and the said Lewis Umlauf shall have a like privilege of visiting and freely communicating with the said Oscar; and neither of said children be removed from said Cook County. c. Vacating and Annulling Decree. Form No. 7916. (Precedent in Edson v. Edson, 108 Mass. 599.) [(Caption and commencement.) It is therefore ordered, adjudged and decreed]1 that the decree heretofore made upon the libel of said William D. Edson, by this court held at New Bedford within and for the county of Bristol on 1. The words enclosed by and to be supplied within [ ] will not be found in the reported case. the second Tuesday of November, 1866, whereby the bond of matrimony between said William D. and said Jane A. Edson was dissolved, and the custody of the minor children of said William D. and Jane A. Edson was given to said William D., be and the same is hereby vacated and annulled, in accordance with the prayer of said petition. DOUBT, CERTIFICATE OF. See the title APPEALS, vol. 1, Forms Nos. 1683, 1684. I. ELECTION, 141. DOWER. BY CARL E. HERRING, LL.M. 1. Between Dower and Jointure, 141. 2. Between Dower and Devise or Bequest, 141. b. To Take Under Will, 143. II. VOLUNTARY ASSIGNMENT BY HEIR, 143. 1. By Deed, 143. 2. By Court on Application of Heir, 144. III. PROCEEDINGS AT LAW, 145. 1. Demand of Dower, 146. 2. Præcipe, 147. 3. Writ of Dower, 147. a. In General, 147. b. Where Widow has Married Again, 149. 4. Warrant of Sheriff, 149. 5. Summons, 150. 6. Grand Cape, 150. a. For Not Appearing on Return of Summons, 150. b. For Not Appearing on Adjournment Day of Essoin, 151. 7. Declaration or Count, 151. a. In General, 151. b. By Wife and Second Husband, 153. c. By an Infant, 153. 8. Pleas, 154. a. That Defendant was Always Ready to Render Dower, 155. b. Of Bequest in Lieu of Dower, 156. c. That Husband was Not Seised of an Estate of Inheritance, 159. d. That Demandant and Deceased were Not Married, 160. e. That Wife Eloped from Husband and Lived in Adultery, 160. 9. Judgment, 161. 10. Writ of Seisin of Dower, 162. a. In General, 162. b. With Inquiry of Damages, 163. 11. Order Appointing Commissioners to Allot Dower, 165. IV. PROCEEDINGS IN CHANCERY, 166. 1. Bill or Petition, 166. 2. Answer or Plea, 174. 3. Decree for Dower and Appointing Commissioners to Make Assignment, 176. V. PROCEEDINGS UNDER THE CODES, 179. a. Against Heir-at-Law in Possession, 179. 2. Answer, 181. a. Setting Up Bequest in Lieu of Dower, 181. b. Setting Up Antenuptial Contract, 182. 3. Order for Interlocutory Judgment for Admeasurement, 183. 4. Interlocutory Judgment to Admeasure Dower, 183. 5. Report of Commissioners or Referee, 184. 6. Order Confirming Report, 184. 7. Final Judgment Admeasuring Dower, 185. a. Consent of Widow to Accept, 185. b. Notice of Motion for Leave to Pay, 185. . Sale in Action of Dower, 187. a. Interlocutory Judgment for, 187. b. Report of Referee or Sheriff, 187. c. Final Judgment Upon Report of Sale, 188. VI. SUMMARY STATUTORY PROCEEDINGS, 188. 2. Petition for Assignment of Dower, 189. b. After Alienation, 192. 3. Order Fixing Hearing and for Citation, 192. 4. Citation, 192. 5. Decree for Dower and Directing Summons of Admeasurers, 193. 6. Order Appointing Commissioners, 194. 7. Summons to Admeasurers, 195. 8. Writ of Admeasurement, 196. 9. Report of Admeasurers, 197. 10. Order Confirming Report, 198. VII. RELEASE OF DOWER, 199. 2. When Wife is Insane, 200. b. Order of Reference, 201. c. Decree Directing Release, 201. CROSS-REFERENCES. For Forms in Action of Ejectment for Dower, see the title EJECTMENT. For Forms in Actions for Unlawful Detainer, see the title FORCIBLE ENTRY AND DETAINER. |