New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1889-11-06
EXTRACTS FROM THE PROBATE CODE
Title to Real Property by Des-
cent, as provided by Law.

cent, as provided by Law.
Sec 62. When any person dies
siezed 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 devised the same, they shall
descend as hereinafter provided.
SEC. 63. The homestead, as such
homestead is or may be defined by the
the statute relating TO homestead ex-
emptions, shall descend, free from any
testimentary devlsee Or other disposi-
tion to which the surviving husband or
wife shall not have assented in writing,
and free from all debts or claims upon
he estate of the deceased as follows:
1. If there be no child nor lawful
issue of a deceased child living, to the
surviving husband or wife.
2. Ifthere be child or the issue of
any deceased child living and a surviv-
ing husband OF 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.
3. If there be no surviving husband
or wife, to the child or children and the
lawful issue Of any deceased child by
right of representation.
4. II there be no surviving husband or
wife and no children or the issue Of any
deceased child living, such homestead
shall descend in like manner as other
property of the deceased and subject in
like manner to the debts and claims
against the estate Of the deceased.
SEC. 64. Such surviving husband OF
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
(3 of all other lands of which the de-
ceased was any time during covecture
seized or possessed, free from any tes-
timentary or other disposition thereof
to which such survivor shall not have
assented in writing, but subject, in its
just proportion with the other veal es-
tate, to the payment of such debts Of
the deceased as are not paid from the
personal estate. The residue of said
other lands, or, if there be no surviving
husband or wife of such intestate. then
the whole of said other lands shall
descend, subject to the debts of the in
testate, in the manner following:
l. In equal shares to his children
and to the lawful issue of any deceased
child, by right Of representation.
9. II there be no child, and no law
full issue of any deceased child of the
intestate living a, his death, and the in
testate leaves surviving husband or
wife, then the whole of his OR her es-
tate shall descend to sdch survivor.
8. If the intestate leaves no issue
nor husband or wife, his estate shall
descend to his father.
4. If the interstate leaves no issue
nor husband or wife nor father, his es-
tate shall descend to his mother.
S. 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.
6. If the intestate leaves no issue
and no husband or wife, and no father,
mother, brother, Or sister, his estate shall
descend to his next of kin, in equal de-
gree; excepting that when there are
two or more collateral kindred in equal
degree but claiming through different
ancestors. those who claim through the
nearest ancestor shall be preferred to
those claiming through an ancestor
more remote.
! Z. If any person dies leaving sever
al children, or leaving one 1) child
and the issue of one (1) or more child
ren any such surviving child dies under
age, and not having been married, all
the estate that came to the deceased
child by inheritance from such deceased
parent shall descend in equal share to
the other children of the same parent,
and to the issue of any such other child
ren who have died, by right of repre-
sentation
s. If at the death of such child
J, who dies under age and not having
been married, all the other children of