New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1888-05-23
Probate Code of the State
of Minnesota.

In former issues of the Review we
published some of the most important
probate laws of this State and at the
time made the remark that changes in
the same were necessary and should be
made. Since then the Commissioners,
appointed by the governor under an
act of the last legislature, to revise and
codify the probate laws of this State,
have finished their labors and made
their report, which will be submitted to
the next legislature. They have en-
braced the whole law under one head,
entitled
'tAn Act to Establish q Probate Code."
Some very important changes are re-
commended and will undoubtedly be
adopted.
In chapter of said Code, relating to
Real Property by Descent, the follow
ing Sections contain important changes
from the present law viz:
Sec. 6O.-When any person dies
seized of any lands, tenements or here
ditaments, or of any right thereto, Or
entitled to any interest therein, in fee
simple or for the life of another, not
having lawfully devised the same, they
shall descend as hereinafter provided.
Sec 61.-The homestead of the de-
ceased, as such homestead is or may be
defined by statute, shall descend, free
from any testamentarv devise or other
disposition to which the surviving hus-
band or wife shall not have assented in
writing, and free from all debts or
claims upon the estate of the deceased,
as follows:
1. If there be no child nor lawful is
sue of a deceased child living, to the
surviving husband or wife.
2. If there be child or the issue of
any deceased child living and surviv-
ing husband or wife, to such husband
or wife during the term of his or her
natural life, remainder to the child or
children and the issue of any deceased
child by right of representation.
5. If there be no surviving husband
or wife, to the child or children and the
lawful issue of any deceased child by
right of represention.
4. If there be no surviving husband
or wife and no children or the issue of
any deceased child living, such home
stead shall descend in like manner as
other property of the deceased and sub
ject in like manner to the debts and
claims against the estate of the de-
ceased.
Sec. 62.-SuUh surviving husband or
wife shall also be entitled to and shall
hold in fee simple, Or by such inferior
tenure as the deceased was at any time
during coverture seized or possessed
thereof, one equal undivided one-third
of all other lands of which the deceased
was at any time during coyerture
seized or possessed. free from any tes-
tamentary OF other disposition thereof
to which such survivor shall not have
assented in writing, but subject, in its
Just proportion with the other real es-
tate, to the payment of such debts of
the deceased as are not paid from the
personal estate. The residue of such
real estate, or, if there be no surviving
husband or wife of such intestate, then
the whole thereof shall descend, subject
to the debts of the intestate, in the
manner following:
l. In equal shares to his children,
and to the lawful issue of any deceased
child, by right of representation.
2. If there be no child, and no law
full issue of any deceased child of the
instestate living at his death, and the
istestate leaves a surviving husband or
wife, then the whole of his or her estate
shall descend to such survivor.
8. If the intestate have no issue nor
husband or wife his estate shall descend
to his father.
4. If the intestate leaves no issue
nor husband or wife nor father, his es-
tate shall descend to his mother.
5. If the intestate leaves no issue
nor husband Or wife, nor father or
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 represen-
tation.
The balance of Section 62 does not
differ materially from the present law.
From the personal property of an in
testate the surviving husband or wife
selects all the wearing apparel of the
deceased, household furniture not to
exceed in value five hundred dollars;
other personal property not exceeding
in value five hundred dollars. In
case there is no surviving husband or
wife such allowance shall be made to
the minor children, if any, and be Sc
lected by the guardian of such children
If, on the return of the inventory Of.
any intestate estate, it appears that the
value of the whole estate does not ex-
ceed the sum of one hundred and fifty
dollars in addition to the allowance
made for the widow and children, the
probate court shall by decree for that
purpose, after the payment of the fun
eral charges and expenses of adminis-
tration, assign for the use and support
of the widow or widow and children
constituting the family of the deceased,
the whole of such estate.
If the personal estate amounts to
more than the allowances mentioned.