Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1896-12-18
NUMBER A.

AN ACT RELATING TO DOVER,
CURTESY AND HOMESTEAD, AND
IN AMENDMENT OF CERTAIN SEC
TlONS OF THE VERMONT STAT
UTES.
1t is hereby enacted by the General As
sembly of the State of Vermont:
Sec. l. Section two thousand five hun
dred and twenty-eight Vermont Statutes
lls hereby amended so as to read as follows
The widow of a deceased person shall be
entitled to one-third in value of the real
estate of which her husband died seized
In his own right, unless she is barred as
is provided in this chapter; but where a
right of homestead also exists, said one
third shall be diminished by the amount
of such homestead.
Sec. 2. Section two thousand FIVE hum
bred and twenty-nne Is hereby amended
so as to read as follows.
The widow shall be entitled to one-third
invalue Of the equity of redemption of
lands mortgaged by her husband, or which
he held at the time of his decease under
the mortgageor; and she may pay one
third of the amount due on the mortgage,
and have one-third In value OF the land. as
against the administrator, heirs and cred
itors Of her deceased husband.
Sec 3. Section two thousand Ave hun
dred and thirty is hereby amended so as
10 read as follows;
II the administrator or heirs OF n de-
ceased person pay the whole amount OF
the money due on the mortgage. where
such deceased person was entitled to the
equity Of redemption. the amount of the
mortgage shall be deducted from the value
of the land, and the widow shall have set
out to her in the mortgaged lands. the
value of one-thlrd of the residue after such
deduction.
Sec. 4. Section two thousand three hum
dred and thirty-one is hereby amended so
as TO read as follows:
The administrator shall pay such
mortgage , IL IL Is for the benefit OF those
interested in the estate TO redeem the
premises, either from the personal estate,
II MAT is sufficient, or by the sale OF real
estate as provided by law; and II there is
sufficient personal estate to pay the
mortgage, the Probate Court may In its
discreet ton, decree that said one-third shall
be set out TO the widow, of the whole of
the lands mortgaged.
Sec. g. Section two thousand FIVE hun
dred and rhirty-two is hereby amended so
as TO read as follows:
The widow may be barred Of such one
third part OF the lands of her husband In
the following ways:
First. Where jointure was settled on
such widow by her husband or other per-
son. or some pecuniary provision was
made for her before her marriage, with or
without her agreement or consent, or after
her marriage, with her consent, to have
eiiect after the death OF her husband, ana
expressed to be in lieu OF discharge of said
one-thrd, or her dover interest In said
estate.
Second. Where her husband ~ his last
will and testament made provision for
such widow, which, In the judgment Of the
7 Probate Court, was intended to be in lieu
OF said one-third or her dover interest In
said estate.
/ Third. Where the husband dies, leaving
TO children or representatives of children,
and the widow is thereby entitled 70 the
/ provisions in such case made and pro-
videu But the widow may, within eight
months after the will of her husband is
proved. or after letters OF administration
are granted on his estate, or In such
/ further time as the court in its discretion
allows waive the jointure or peculiarly
provision made for her in lieu OF such one
third or dover interest In his estate, or
! the provision made for her by the will OF
/ her husband In lieu Of such one-third or
dover interest, or the provisions of the
/ law In the case OF a widow whose husband
dies without issue. and take said one third
I in value of his real estate, and notify the
court of her election in writing; and the
court shall thereupon order said one-third
set out as in other cases. But If the
widow was not the first wife of the de-
ceased, and he leaves no issue by her, and
an agreement was entered into between
them, previous to or after their marriage,
in relation to the widows claim on the es-
tate of her husband in lieu OF said one
third or dover interest, and II, in the
/ opinion OF the court, she has a sufficient
provision for her comfortable support dur
II ing life, the court may deny to such widow
said one-thlrd part of his real estate, or
any provision other than such as is pro-
vided by tho agreement between the
parties.
Sec. 8. Section two thousand five hun
dred and thirty-fiye Is hereby amended so
as to read as follows:
The commissioners shall be sworn, and
value of the real estate of her husband, or
has made her election to take the same,
she, or the executor, administrator or
heir or other person who is entitled TO the
estate, may make application to the Pro-
bate Court 10 have the same assigned and
set out to her; and the court shall there
upon order said one-third set out to her
and for that purpose shall appoint three
dsnterested freeholders as commission
ers, who shall set out same by metes and
bonds where II can be done without in
I Jury TO the estate.
Sec. 7. Section two thousand five hun
dred and thirty-four is hereby amended 50
| as to read as follows:
| II the real estate is held in common with
/ the real estate Of another person, said one
third shall not be assigned until partition
is made.
|. Sec. g. Section two thousand FIVE hun
dred and thirty-ive is hereby amended Sc
as to read as follows;
The commissioners shall be sworn, and
shall, as soon as may be, make return OF
their doings in writing to the Probate
Court; and the same being accepted and
recorded and an attested copy thereof re-
corded in the office of the clerk of the town
where the land Is situated, said one-third
shall remain fixed and certain.
Sec. 8. Section two thousand Owe hun
bred and thlrty-six Is hereby amended SO
as to read as follows;
II the estate out of which said one-third
is to be assigned, cannot be divided, oil
said one-third set out by metes and
kaunds, the same shall be set out to such
dow as tenant in common with the other
Wners, or, upon report of such facts by
he commissioners. the Probate Court ma y
irect such real estate TO be sold and con-
Veyed by said commissioners, and one
third Of the proceeds thereof shall be as
klgned to such widow.
| Sec. 10. Section two thousand five hun
hred and thirty-seyen is hereby amended
30 as to read as follows;
II Until said one-third In value of the lands
pf her deceased husband, is set out to the
widow, she may continue to occupy the
kame, with the children and family OF the
eceased, or may receive one-thrd Of the
hents, issues or profits of such lands.
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