Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1883-03-15

laWAen me f0fm0Y-dleS: II me uOcS NOT
leave will, the farm imme iately be-
comes the property of his heirs, sub ect
of course, TO the payment of his debts.
Who the heirs are is determined by the
statutes of the State in which the farm
lies. There is some variation in the
State laws in this regard, but their first
provision is pra tically the same in all.
namely: that lands descend in equal
shares to the children of the decea ed
owner. Daughters inherit equally with
sons; the Oh ldren become tenants in
common of the land and own it togeth-
er until partition proceedings have CIV
en- to each his own share. In two or
three. States the widow is given a
share with the children; in all the rest
she is given an interest, called dover,
which is the use during her lifetime of
o e-th;rd of the lands This dover in
terestis not liable Tor the debts of the
deceased husband. The children of
any deceased child usually take their
parents inheritance by right of repre-
sentation as it is called. Ii the farmer
has no children or descendants, the
land goes, in some States. to the father,
if living, in others to the parents equal
ly. or to the surviving parent. in
others to the brothers and sisters; but
accuracy of general statement is here
impossible. Reference must, be had to
the statutes Of the State where n the
land lies; for it is those that govern its
descent and not the laws of the State in
which the owner or Ibis heirs live.
These rules of descent. though intended
to secure justice. are entirely arbitrary,
They depend, therefore, somewhat on
the condition and genius of the people
among whom they prevail. Hence
their difference in different States and
countries and at different periods of
time. BY the English common law the
Oldest son inherits the land, to the ex-
clusion OF this brothers and sisters, even
though his sisters are older than him
self. The male issue was always pre-
ferred to the female, in the English
law. This arose mainly from the feudal
necessity OF, developing strong military
leaders, and it has been maintained by
reason of traditional reverence, pride
and the fancied necessity, of preserving
great families. etc. More of justice and
equity has characterized the American
law. but the changes have been gradual.
Massachusetts, in 1641, was the first of
the colonies to divide the estate equally
among the children, except that she
gave the Oldest son a double share. If
Oh Id is born after the fathers death
it will inherit its share of the fathers
estate. If will has been left. the adj
vent of aposthumous child generally re-
vOkes t, and the property will 60 to the
heirs at-law.
Ifduring his lifetime the farmer has
advanced to one of his children por-
ton OF the estate, the same will be de-
Quoted from what the child would 9TH
erwise receive as heir. I his is called
:. adyancemeut' but in order that it
may he deducted frGm the child share.
it Du-t be shown that it was Intended as
such by the parent. The rules OF ev-
idencein this regard are broad; any meth
cd of showing theintention will usually
suffice. either by declaring it in the gift,
charging it to the child, or having him
acknowledge 1T, in writing. If such
child is given more than what he would
inher;t, he is not obliged to return any
of it 10 the other heirs. An illegitimate
child jnherits from its mother only. and
has no share in its fathers estate If
the parents afterwards intermarrv and
the atller acknowledges the child, such
fact OBSERVATION-DISCLOSURES; s'2 ye+
ga Guuestsene may,r arise in the farmers
mind as, 10 whether he ought to make
a will IF he does not want his proper
tv TO 60 Is the person or PERSONS. who
by law are his heirs, or if he wishes to
give soiAe' Of ittoans charitable object,
or deyoie, it to ANY other. purpose, he
has, full pnwer 10 DO with it Just as he
pleases, and this he must do by will
He s'dn give away every thing ne has ex-
cept the widows dower.s and.ein some
OF the : tates. the~.shomestead right,
which is given by statute. to the, widow
aid minor children. II, he wishes to
dismlier.t any one OF his heirs, he
shoultss6 it byoexpress words, for,ifhe
annlas N n mani iOaa Of ,hims, tho lou, will