New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1888-03-21
Probate Laws Of Minnesota.
(Gontinued.o
Title to real property by descent.

Title to real property by descent.
When any person dies seized Of any
| ands, tenements or hereditaments, or
of any right thereto, or entitled to any
interest therein, in fee-simple or for the
| life of another, not having lawfully de-
vised the same, they descend in the fol-
| lowing manner:
| The surviving husband or wife are
entitled to hold for the term Of his or
| her natural life, free from any testa-
mentarY or other disposition thereof to
which such survivor shall not have as
sented in writing, and free from all
claims on account of the debts OF the
deceased, the homestead of such de-
ceased as such homestead is defined in
the statutes relating to homestead ex-
emptions. "a quantity of land not ex-
ceeding eighty acres, and the dwelling
| house thereon and its appurtenances,
outside of an incorporated town, city
or village one lot in a town, city Or
village having over five thousand in
habitants, and one half acre in a town,
city or village having less than five
thousand inhabitants.
Such surviving husband or wife is
also entitled to one equal, undivided
one-third of all other land of which the
deceased died possessed, free from any
testamentary or other disposition there
of to which such survivor shall not have
assented in writing, but subject, in its
just proportions with the other real
estate, to the payments of such debts Of
the deceased as are not paid from the
personal estate. The residue of such
real estate, or, if there is no surviving
husband or wife of such intestate, then
the whole thereof, descends, subject to
the debts of the intestate, IN the manner
following:
First In equal shares to his child
ren, and to the lawful Issue Of any de-
ceased child, by right of representation.
Second. If there be no child, and no
lawful issue of any deceased child of
the intestate living at his death, his
estate shall descend to his father.
Third.-I the intestate leaves no is
sue nor father, his estate shall descend
one equal one third to his mother, and
the residue in equal shares to his broth
ers and sisters, and to. the lawful issue
of any deceased brother or sister by
right of representation.
Fourth. If the intestate leaves no is
sue nor father, and no brother nor sister
living at his death, his estate shall des-
cend to his mother, to the exclusion of
the issue, if any, of the deceased broth
ers and sisters.
Fifth.-f the intestate leaves no
issue nor father nor mother, his estate
shall descend in equal shares to his
brothers and sisters, and to the lawful
issue of any deceased brother or sister,
by right of representation.
Sixth.-If the intestate leaves no issue
and no father, mother, brother or sister,
his estate shall descend to his next of
kin, in equal degrees; excepting that
when there are two or more collateral
kindred in equal degree, but claiming
through different ancestors, those who
claim through the nearest ancestors
shall be preferred, however
Seventh. If any person dies, leaving
several children, or leaving one child
and the issue of one or more other
children, any such surviving child dies
under age, and not having been mar
ried, all the estate that came to the
deceased child by inheritance from such
deceased parent shall descend in equal
shares to the other children of the same
parent, and to the issue of such other
children who have died, by right of re-
presentation.
Eighth. If at the death of such child
who dies under age, and not having
been married, all the other children Of
his said parent are also dead, and any
of them have left issue, the estate that
came to said child by inheritance from
his said parent shall descend to all the
issue of other children of the same par
ent; and if all the said issue are in the
same degree of kindred to said child,
they shall have the said estate equally !;
otherwise, they shall take according to
the right of representation.
Ninth.-H the intestate leaves a sur
viving husband or wife, and no kindred,
his or her estate shall descend 20 such
survivor.
Tenth.-H the intestate leaves no
husband or wife, or kindred, his or her
estate shall escheat to the state.
In our last weeks article relating to
Wills the following printer errors were
overlooked:
In lines 81 and IS of said article it
should read s'and attested and sub
scribed in his presence by two or more
competent witnesses in place of ssand
attached and subscribed in his person
by two or more competent Witnesses
Lines a. and As should read ssunless
there are two other competent SUBJ
scribing witnesses to the same'' in place
of ''unless there are two competent
subscribing witnesses to the same"
In lines IS and Sc it should read cor
devise it in trust in place of '.devise
it in court. y
| FRANK FRIEDMAN.