Omaha daily bee., 1889-07-24
The New Decedent Law.

The sweeping change in the decedent laws
of the state, wrought by the passage OF the
act recited in chapter forty-seven of the ses-
sion laws Of 1899, seems to come in for a full
measure of criticism. Division twelfth, of
section thirty, says:
''If the estate shall leave no widow nor
kindred, his estate shall escheat to the state
of Nebraska; provided. further, that the
homestead, if any, left by the estate shall
decend as follows: The homestead
shall be appraised by the county
treasurer and the county clerk
and one freeholder to be appointed by the
Judge of the county court all to be residents
of the county in which the homestead is sit.
uated. The judge OF the county court shall,
within sixty days after he has been notified
by any person of the death of the deceased
and that the iptestate leaves homestead, or
If the Judge of the county court shall ascer-
tain SAID facts from any other source, shall
appoint such appraisers and notify the
county treasurer and county clerk and the
appraiser appointed by said Judge of the
county court, in writing, to meet on the day
fixed by sand judge within thirty days from
the notice to meet at his office. The said APP
praisers shall then proceed at once TO ap'
praise the homestead OF the deceased at its
cost value, which appraisement shall be
made and returned in writing, under oath,
by said appraisers, and shall be made part
of the records of said court. In case that il
any Of the said appraisers shall fail to meet,
the court shall appoint other freeh0lders in
their place, who shall proceed and appraise
said homestead under this provision, and
any vacancy at any time shall be filed in the
same way. The Judge Of the county
court shall thereupon deduct from
said appraisement the amount OF en-
cumbrance, II any, upon said homestead, and
il the residue does not exceed the sum OF
81, 600, said homestead shall descend to the
widow in absolute title. subject TO the en-
cumbrance on the same, If any ia case there
is a residue after deducting the amount OF
ef encumbrance, II any, and the 1000, 1t
shall descend as provided in this act"
The citation is made TO show that the
homestead of intestates must be sold under
any and every circumstance, and the fact
provolies unlimited criticism here although
its purchase price, after the payment Of all
debts or membranes, descends to the di-
rect heirs. II appears that the mother, with
four or five minor children, III such cases be
found, will have TO give up her home for
whatever residue may come 10 her through
forced sale. ~ regard the decedent law as
passed by the late legislature" said one of
the state officials to The BEE representative
o-day "as the weakest and most unjust law
that ever found u place on our statute
books It's provisions should be un-
derstood and comprehended by every
parent in the state. To be emphatic, no
parent ought TO neglect making q will. 1T
might prevent endless heartaches and break
ing up what would prove 10 be happy ana
prosperous homes. i want TO say, also, that
husband and wife must be of one mind when
IL comes TO will-making, or, according to the
new law, the will would not be OF any ac-
count The consent of the wife is necessary
when IT comes TO disposing of property by
testament, ana the same thing is true on the
other hand.