#### Frank Orminski, Defendant in Error, v. Takla Kania, Plaintiff in Error.

Gen. No. 18,576.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. George J. Cowing, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed November 4, 1913.

*190Abstract of the Decision.

1. Landlord and tenant, § 477 * —when widow of lessee hot entitled to notice to quit. Where a lessee for a term of years dies and thereafter his widow with their minor child remains in possession and pays rent until the end of the term, widow is not a tenant from month to month so as to require lessor to give notice before suing for possession, but is subject to an action brought against her under R. S. c. 57, If 4, § 2, as one holding under the lessee.

2. Landlord and tenant, § 477 * —when widow of tenant hound hy terms of lease. Where a lessee for a term of years dies during the term, the widow in her capacity as heir inherits an interest in the lease as “real estate” and is bound by its covenants requiring surrender of possession at the termination of the lease.

3. Forcible entry and detainer, § 51 * —joinder of parties. Where heirs are bound severally by the provisions of a lease, forcible detainer will lie against one heir without joining the others.

Statement of the Case.

Action by Frank Orminski against Takla Kania in forcible detainer to recover possession of premises leased by plaintiff to husband of defendant and possession retained by defendant after her husband’s death. From a judgment in favor of plaintiff, defendant brings error.

Frank H. Janiszeski, for plaintiff in error.

No appearance for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.