The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1896-12-16


visions made for her by will or otherwise
i'm lieu of said one-thlrd or dover, said one
third i'm value Of the real estate Of her
husband may bc assigned and set out to
her anew, as f such assignment jo'nture
or other provision had not been made.
Sec. y Section two thousand five hum
drcd thirty-nine Is hereby amended so as
to read as follows:
In the case of an nsolvent estate the Wild
ow and such part of tho creditors as have
two-thirds I'm amount OF the debts against
the deceased may agree upon a portion of
the real estate to be assigned 10 her or Of
personal estate TO be assigned to her in
lieu thereof, and such agreement, if APP
proved by the Probate Court, and the cs-
tate set out accordingly, shall be valid and
binding.
Sec 49, Section two thousand five hum
dred and forty Vermont Statutes is here
by repealed.
Sec A. Section two thousand five hum
dred and forty-one Is hereby amended so
as to read as follows:
The voluntary conveyance by The hus-
band of any of his real estate, made dur
ing coverturc and not to take effect until
after his decease, and made with intent TO
defeat his widow in her claim to the share
in his real estate provided by law shall be
void and imperative to bar her claim TO
/ her share I'm such real estate, and such
husband shall be deemed at the time OF his
death to be the owner and seized Of such
/ real estate, for the purpose Of assigning
/ and setting out to his widow such share.
! Sec. 10. Section two thousand five hum
dred and forty-two is hereby amended so
as to read as follows:
| When man and his wife are seized in
her right, of real estate in fec simple, and
/ the wife dies, the husband shall be on
/ titled TO oEe-third in value of said estate
| In fee in leu of curtesy, and the same may
| be assigned ana set out to him in the same
manner as is provided for the severance Of
/ the interest of the widow In the real es-
tate of her deceased husband. But the
husband may be barred of said ono-third
of said estate when he is entitled to and
takes the provision made for him in the
second following section or when he ac-
cepts the provision made for him by the
last viii and testament of his said wife.
I Sec is. Section two thousand five hum
dred and forty-four is hereby amended by
striking out, in the second, third and
/ fourth lines of the second subdivision
/ thereof, the words IF the husband does
/ not elect to take the tenancy ~ the
curtesy, or the wife does not ect to take
dover" and inserting in lieu thereof The
words IF the husband or wife las the case
may be) do not eject to take one-third in
value of the real estate of the deceased as
provided by chapter one hundred and
/ twenty-three"
Sec. H. Section two thousand one hun
dred and eghty-three is hereby amended
so as to read as follows;
/ If such housekeeper or head of family
dies leaving a widow, his homestead to The
value aforesaid shall pass to and vest In
such widow without being subject TO the
payment OF debts of the deceased .un. ess
legally charged thereon IN his life time;
and such widow shall take the same es-
tate therein of which the decease died
s.ezed; and the Probate Court having jur-
isdiction of the estate OF such deceased
housekeeper or head of family, shall,
when necessary appoint three commits
sioucrs to set out such homestead to such
widow
1 Sec. is. Section two thousand one hum
dred and eighty -four is hereby repealed
Sec. 10. Section two thousand one hun
dred and eighty-hve is hereby amended so
as to read as follows:
The commissioners appointed to set out
the homestead shall, when right in the
widow to one-third In value of the real
estate of which her husband died seized.
exists by law, first get out the homestead,
and from the residue of the real estate of
the deceased shall set out said one-th.rd,
but the amount of said one-third shall be
diminished by the amount of such home
stead; and if said homestead equals or eX-
ceeds one third in value of the real estate
OF which the housekeeper or head of a
family died seized, no further share of
SAID real estate shan be assigned to her
Sec 90 Section two thousand one hun
bred ana ninety is hereby amended SO as ia
read as folloWs
The joining by such wife in such convey
ance shall have no effect upon her right n
one-third in value of the real estate of
which her husband died seized.
Sec o. Section two thousand one hun.
bred and nine.y-niue is hereby amended
so as TO read as follows:
When 1T appears to the Probate Cont
that it would be beneficial to the widow OF
a deceased person. Interested in the hornc.
stead, or when il appears that the sever
ancc of such homestead would greatly dc.
preciate the value of the residue of thf
premises or would be of great incouveuL
due or in such homestead. the Probot,
Court may. on applicaron of such widow
or parties Interested. order the same TO IA,
sold a in case of the sale of real estate fol
the payment Of debts.
Sec. % Section two thousand two hun.
drcd is hereby amended so as TO read n.
follows
If a homestead Is sold bv the guardian nj
the husband. and The wife Joins re1e9sirr
her right Of homestead. or under the nre
ceding section. the Probate Court MAJ, CON
troll the Investment of the proreadg Of e,,,r
sale in a new homestead. or may direct tb.
payment thereof to a trustee anpointed l.,
said court, or to the widow or wife MS IN,
case may be under such repuiatio,s o,,
restrictions as in the Judgment Of th.
court will be for the best Interest of NJ
concerned.
Sec 90 Section two Thousand fot,r b,,r
.dred and eightv-three is hereby anerdo,
so as to read as follows:
When it appears 10 the Probate cour
that il Will be beneficial IN tbe beirs d.