The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-02-20

for the same grounds, except that the Wife
has an additional cause fos failure of the
husband to provide for his family for a
period Of two years.
When the lands of a husband are taken to
satisfy a judgment other than for mort
gage in which the wife has joined or for
purchase money lien she becomes owner of
one-third thereof, and can take immediate
possession of her portion.
Land in the name of both husband and
wife is considered to be held as tenants by
entireties, and cannot be taken for the debt
of either one, and on the death of either
the survivor takes the whole free from the
claims Of creditors of either, and free from
the inheritance by children.
In the matter of inheritance, if there are
no children and the estate OF her husband
exceeds not $1,000, the wife takes all. If it
exceeds that sum the wife takes three
fourths and one-fourth falls to his parents.
If he have no parents living and no chill
dren, then all, no difference what the
amount, goes to the wife. Where there is
one or two children the wife, after taking
her absolute $500, shares equally with the
child or children. If more than two, she
takes her 500 and one-third of his property
and the children the balance. If her hus-
band leave will she may elect, by written
consent, within one year, to take under the
will or under the law, but she cannot take
under both unless it is expressly SO stipu-
lated in the will
AS against creditors she is entitled to
her personal effects, the use of the home
stead, not exceeding forty acres, for one
year, $500 in money and one-third of the
lands of which her husband died seized, or
~Hxvr
without her joining in the deed, excepting
real estate which her husband held, on
which there was a purchase money lien,
and then she is entitled to have the two
thirds of the land sold and applied to the
lien that her one-third may be clear, if
that sum is sufficient to satisfy tho lien.
The same is true of a mortgage where she
has joined.
If she be a second childless wife and he
have children by former marriage, she
has only at the death of the husband the
use and occupancy Of one-third of his
lands She cannot sell or convey, and at
her death it reverts back to his children. If
a child is born it is sufficient to take the
wife from out this provision, even though
it live but few hours, it not being neces-
sary that there be living children.
If a widow holding lands inherited from
her husband and have children by that hus~
band should remarry she cannot sell, con-
vey nor cucumber the same during such
second or subsequent marriage, and such
reverts back at her death to the children
from whose father the lands were inherited
by the wife. Before such second marriage
she has full power to convey, but if she still
owns it when she remarries she has only the
use and occupancy; but if the marriage
should cease either by death or divorce her
title again becomes perfect, and she may
convey or will the same.
On the death of the wife the husband
takes absolutely one-third of all her real
estate, without any limitations as to chill
dren or without any restrictions in case of
subsequent marriage