The Daily Astorian. [volume] (Astoria, Or.) 1876-1883, 1882-02-23
Useful Information.

The following is ofiuterest to many
being decision on questions that Of
ten arise.
Z. S. LAND OFFICE. OREGON CRY. Or.
January 18th. 1882.
E. Il. Griffin, Albany, Oregon.
In reply to yours of the 18th, inst.
| have to inform you that upon the
death of homestead settler before
the completion of his claim, the wid-
ow may make final proof upon COM
pleting requirements of the law, and
the tito passes to her; N if she die
also, then the heirs may continue resi-
dence upon and cultivation Of the
claim. and the title, upon proper
proof of fn16llment of the law. will
vest in them.
Where both parents die, leaving
infant children, the homestead may be
sold for cash, for the benefit Of such
children, aud the purchaser will re-
ceIye title from tho United States;
or upon proof of cultivation Of the
land required, patent TO the land will
issue to the said infant heirs; per-
senal residence on the claim not being
required in case as above stated,
In case settler under the pre-
emption law should die before estab.
fishing his claim within the period of
time limited by law, the title may be
perfected by the executor. admins
traitor, or one of the heirs; by making
proper proof, and payment of the
land; the entry to be made in the
name of the heirs Of the deceased set
tier.
The right to change a presumption
fling to homestead entry belongs
only to the party who made the pre-
emption filing, and could, therefore,
not be changed by the widow, or
heirs, or administrator. as the case
might be.
Presumption or homestead claims
may be filed by persons who are the
head of d family, widows, or single
persons over the age of 2l years, and
who are native born citizens of the
United States, or have declared their
intention to become such citizen. A
married woman cannot file a claim as
a widow; but she could make such Ill
ing as the head of a family, if she re-
ally were the head of family.
1t is held in the rulings of the gen.
eral land office that a deserted wife,
or one whose husband is a confirmed
drunkard, is the head of family, or
a married woman who has minor chill
dren, and has been abandoned by her
husband without cause and left to
support herself and children, is the
head OF family.
Any person who has tho requisite
qualifications to file homestead or
presumption claim, may also 6le a
tilnber-culture entry without regard
to how much land they may own.
In case person under age, who is
not the head of a family, makes FL
ing upon land. under the homestead,
pre-emption, or timber culture laws,
such filing is void, but it does not ex'
clude such person from making a le
gal entry upon attaining the proper
age. If the party filing thus was SIN
gle and under the age Of 21 years, a
contest based upon affidavit made by
the plaintiff setting forth the facts,
and acknowledged before a county
clerk, notary public. or the register or
receiver of this Office, would be initia-
ted. The plaintiff in contest must
deposit $40. for defrayment of costs
in the case.
A hearing is then ordered by this
office to be had in the case, to be held
before county clerk, or notary pub
lie resident in the county in which the
contested tract lies.
Very respectfully,
L, T, BARN.