Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1896-12-19


third in value of the real estate of hei
husband may be assigned and set out II
her anew, as If such assignment, jo!nturs
or other provision had not been made.
Sec. u. Section two thousand five hum
dred thlrty-nine is hereby amended so a
to read as follows:
In the case of an insolvent estate the wild
ow and such part of the creditors as havt
two-thirds in amount of the debts agLinf
the deceased may agree upon portion q
the real estate to be assigned 10 her, or q
personal estate to be assigned to her II
lieu thereof and such agreement, If ar
proved by the Probate Court, and the es
tate set out accordingly, shall be valid ant
binding.
Sec. 10. Section two thousand five hum
dred and forty Vermont Statutes Is here
by repealed.
Sec. II. Section two thousand five hun
dred and forty-one is hereby amended so
as to read as follows:
The voluntary conveyance by the hus-
band of airy of his real estate, made dur
ing coverture and not to take effec1until
after his decease, and made with inttnt TO
defeat his widow in her claim to the share
in his real estate provided by law, sbll be
void and imperative to bar her C, Jim 10
her share in such real estate, and such
husband shall be deemed at the tim3 of his
death to be the owner and seized II such
real estate, for the purpose of assigning
and setting out to his widow such iharc.
Sec. Is. Section two thousand liye hun
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 fee simple, and
the wife dies. the husband shall be en-
titled to third in value of said estate
in fee in lieu of curtesy, ard the same may
be assigned and 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 ore-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 will and testament of his said wife.
Sec. 1G. Section two thousand five hun
dred and forty-four is hereby amended by
out. in the second, third and
fourth lines of the second Subdivision
thereof, the words 'if the husba nd does
not elect to take the tenancy Ey the
or the wife does not e.ect 10 take
dover" and inserting in lieu thereof the
words "if the husband or wife Gas the case
may bel do not e.ect to take one-third in
value of the real estate of the deceased as
provided by chapter one hundred and
twenty-three."
Sec. II. Section two thousand one hun
dred and eighty-three is hereby amended
so as to read as follows:
II such housekeeper or head OF family
dies leaving 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
sliced; and the Probate Court having jur-
isdiction of the estate of such deceased
housekeeper or head of family, shall
when necessary, appoint three commits
s!oners to set out such homestead to such
widow
Sec. IS. Section two thousand one hun
dred and eighty four is hereby repealed.
Sec. 10. Section two thousand one hun
dred and eighty-fve Is hereby amended so
as to read as follows:
The commissioners appointed to set out
the homestead shall, when a right in the
widow to one-third in value of the real
estate Of which her husband died seized,
exists by law, first set out the homestead,
and from the residue of the real estate of
the deceased shall set out said one-thrd,
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 scined, further share or
said real estate shall be assigned to her.
Sec. 20. Section two thousand one hun
dred and ninety Is hereby amended so as to
read as follows:
The joining by such wife In such convey
ance shall have no effect upon her right to
In lnn Of tIa rtof1 80
which her husband died seized.
Sec. p. Section two thousand one hun
dred and ninety-nine is hereby amended
SO as to read as follows:
When 1t appears to the Probate Court
that 1t would be beneficial to the widow Of
q deceased person, interested in the home
stead, or when 1t appears that the sever
ance of such homestead would greatly de-
preciate the value of the residue of the
premises, or would be Of great inconveni-
due or in such homestead. the Probate
Court may, on application Of such widow
or parties interested, order the same to be
sold as in case Of the sale of real estate for
the payment Of debts.
Sec. %. Section two thousand two hun
dred Is hereby amended so as to read as
follows
If homestead Is sold by the guardian of
the husband, and the wife Joins, releasing
her right of homestead or under the pre-
ceding section, the Probate Court may con-
troll the Investment of the proceeds of such
sale in a new homestead. or may direct tn q
payment thereof to trustee appointed by
said court or to the widow or wife as the
case may be under such regulations and
restrictions as in the Judgment of the
court will be for the best interest of all
Sec. %. Section two thousand four hun.
dred and eighty-three Is hereby amended
so as to read as follows:
When 1t appears to the Probate Court
that 1t will be beneficial to the heirs, de.
v!sees or legntees and those interested ia
an estate, by reason of residing out of tn }
state or otherwise, that a part or tn.
whole Of the personal estate, except such
as Is assigned to the widow, or mart o.,
the whole of the real estate, except tn i.
one-third thereof which passes to thA
widow, or both the real and personal estate
should be sold, the court may, on applica-
ton Of the administrator or executor, with
the consent and appreciation In writing OF
the heirs, devisees and legatees residing in
this State who are interested in the estate
to be sold grant license to sell part O..
the whole of said estate, although NOT
necessary to pay debts, legacies or charges
of administration; and such license may,
of said deceased, include authority to sci.
her interest in said real estate; but such
license snail not be inconsistent with the
provisions of will.
Sec. "a. Sections two thousand four hun
dred and ninety-two and two Thousand five
hundred and seventy-four are hereby re-
pealed.
Sec. %. Section three thousand eight
hundred and seventeen Is hereby amended
so as to read as follows:
When n railroad corporation takes land
subject to an estate for life or years, the
shall appralse the damages
to such estate, and also the damages to
the reversionary interest
Sec. 26. The provisions of this act shall
not apply to the estates of persons who
shall have deceased prior to the time when
said act goes into effect.
Approved November "a, 1896