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

visions made for her by VIII or otherwise
in lieu of said one-thlrd or dover, said one
third In value of the real estate OF her
husband may be assigned and set out to
her anew, as IL such assignment, jo!nture
or other provision had not been made.
Sec. 12 Section two thousand five hum
dred thirty-nine is hereby amended so as
to read as follows:
In the case of an insolvent estate the wild
dw and such part of the creditors as have
two-thrds in amount of the debts against
the deceased may agree upon a portion of
the real estate to be assigned to her. or of
personal estate to be assigned to her in
lieu thereof and such agreement, II APP
proved by the Probate Court, and the es-
tate set out accordingly, shall be valid and
binding.
Sec 10. Section two thousand FIVE hun
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by repealed.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 coverture 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 in 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 Is. 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 fee simple, and
the wife dies. the husband shall be en-
titled to one-third In value OF said estate
In fee in lieu Of curtesy, and 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 one-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. iG. Section two thousand five hun
dred and forty-four is hereby amended by
striking out, In tho second, third and
fourth lines' of the second subdivision
thereof. the words III the husband does
not elect to take the tenancy ~ the
curtesy, or the wife does not ect 20 take
dover" md inserting IN lieu thereof the
words III 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. II. Section two thousand one hun
dred and e!ghty-three Is hereby amended
so az to read as follows:
II such housckeeper or head OF a family
dies leaving a widow, his homestead to the
value aforesaid shall pass to and vest IN
such widow without being subject 10 the
payment OF debts OF the deceased unless
legally charged thereon I'm his lie time
and such widow shall take the same es-
tate therein OF which the deccase died
s.ezed, and the Probate Court having tur-
isdictlon of the estate OF such deceased
housekeeper or head OF a family. shall.
when necessary appoint three commits
sioners 10 set out such homestead 10 such
widow.
See. is. Section two Thousand one hum
dred and e.gh,y-four Is hereby repealed
Sec. 10. Section two thousand one hun
dred and eighty-fve is hereby amended 50
as TO read as follows:
The commissioners appointed 10 set out
the homestead shall, when right in the
widow 10 one-third in value OF the real
estate OF which her husband died seized,
exists by law, first set out the home stead.
and from the residue OF the real estate OF
the deceased SHAH SET out said one-th.rd.
but the amount OF said one third shall be
diminished by the amount OF such home
stead; and II said homestead equals or ex-
ceeds one-third in value OF the real estate
family died seized. no further share OF
said real estate shall be assigned to her.
Sec. 90 Section two Thousand one hum
bred 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 10
one-thlrd In value OF the real estate OF
which her husband died seized.
Sec, p. Section two thousand one hum
dred and nineiy-nine is hereby amended
so as to read as follows:
When 1t appears TO the Probate Court
that II would be beneficial 10 the widow OF
a deceased person, interested IN the home
stead. or when IL appears that the sever
ance OF such homestead would greatly de
preciaie the value OF the residue OF the
premises, or would be OF great inconvcn..
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:
II 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 n new homestead. or may direct the
payment thereof to n trustee appointed by
said court, or to the widow or wife as tho
case may be under such regulations and
restrictions as in the judgment OF the
court will be for the best interest of all
concerned
Sec. o. 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.
NlSeNg ipWuIapg gvt .
an estate, by reason Of residing out OF the
State or otherwise. that a part or the
Whole OF the personal estate, eNcept such
as is assigned to the widow, or a part on
the who,e of the real estate, except the
one-third thereof which passes 10 tho
widow or both the real and personal estate
should be sold, the court may, on applica.
tion of the administrator or executor. Win
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 a part OF
the whole OF said estate, although no,
necessary to pay debts. legacies or charges
OF administration; and such license may
with the consent in writing of the widow
of said deceased, include authority to sci
her interest in said real estate; but such
| license shall not be inconsistent with tn.
provisions of a will.
Sec, "a. Sections two thousand four HIM.
dred ana ninety-two and two thousand five
hundred and seYenty-four are hereby re.
pealed
Sec. %. Section three thousand eight
hundred and seventeen is hereby amended
so as to read as follows:
! When a railroad corporation takes LAND
subject TO an estate for life or years. rho
commissioners shall appraise the damage.
to such estate, and also the damages Il
! the reversionary interest
Sec. B. The provisions of this act shall
not apply to the estates of persons who
shall have deceased prior to the time wher
said act goes into effect
| AnnroNed NnNamhar u Iene