Omaha daily bee., 1907-05-12
CHANGE IN LAW OF DESCENT
Provisions of Measure Passed by the
Late Nebraska Legis-
lature.

Probably no measure passed by the last
legislature Is Of more interest to the wo-
mon Of Nebraska than the decedent bill,
or the woman's property rights bill as It
was more generally called. The bill was
pasaed at the instance of the club women,
but owing TO some amendments in the
legislature the provisions Of the new law
are not generally understood and the fol-
lowing summary has been prepared By d.
L. Johnson Of Omaha. who drafted the
bill, for the benefit of the MANY women
who have made inquiry:
The main purpose of the bill was to give
inc Surviving husband or wife a fee in
terest In the real estate of the other in
law. Section / OF Senate File 70, which
passed both houses Of the legislature and
was signed by the governor, provides as fol-
descent where husband or wife SURVIVED
when any person shall die, leaving a nus
of which the deceased was seized of an
estate OF Inheritance at any time during
the 5t. marriage marriage or in which the deceased
or equitable at the time of his or her death,
which has not been lawfully conveyed by
inc husband and wife while residents OF
this state. or by the deceased while the
this state. which has not been sold under
not been lawfully devised. shall descend
subject to his or her debts and the rights
OF homestead, IN the manner following.
First. one-fourth part TO the husband or
wife II the survivor is not the parent OF
all the children OF the deceased and there
be onS or more children. or the issue Of
one or more deceased children surviving
Second One-third part to the husband
or wife II the survivor is the parent of all
the children OF the deceased and there be
two or more children. or enc child and
the issue Of one or more deceased chill
Third. one-haif to the husband or wife
II thS survivor is the parent OF all the chill
one child. or the issue OF a deceased child,
Fourth. one-haif to the husband or wife
II there be no child. nor the issue OF any
deceased child nor children, surviving
Fifth. II the deceased leave relatives OF
his or her blood. the residue of the real
estate Of which he or she shall die seized,
in the cases above named. when not law
fully devised, shall descend subject to the
rights OF homestead. in the same manner
and to the same persons as hereinafter
provided for the descent of real estate Of
deceased persons leaving no husband or
ceased leave no relatives Of his or her
blood, the residue Of the real estate herein
provided for. shall also descend to the
surviving husband or wife
Section g. Provides for the descent of the
real estate where no husband or wife sur
vive and the same Is not necessary for tie
payment OF debts and has not heen law
fully devised. The provisions ot this sec
ton are the same meas as the present ss bs sw
descends to the father and mother equally,
or to the survivor OF them, ana not 10 the
father first and mother afterwards, rs MI
der the present law.
Section g Provides for the distribution
OF the personal property and is practically
the same as the present law, except that
the residue OF the personal property after
the allowances and debts have been paid,
shall be distributed in the same proper
tons and TO the same persons as take the
real estate.
Section 1. Abolishes dover and curtesy.
BY section II Is provided how a mar
ried man or woman may bar his or her
interest in the real estate OF the other, and
is as follows;
(Right to Inherit; how barred) The right
of a married man or woman to inherit a
part or all of the real estate OF which his
or her spouse was seized Of an estate OF
inheritance at any time during the mar
riage, may be barred by a conveyance ex-
ecuted by such husband and wife while
residents OF this state and. II either such
husband or wife be not resident OF this
state by a deed of conVeyapce executed
either by both Of said parties or BY the
one seized at the time OF such conveyance;
and such right 10 inherit may also be
barred BY the sale Of such real este . " '-
der execution or other judicial sale during
the lifetime of the owner of the title.
Section 6. Provides for ante-nuptlal con-
tract- and is practically the same as the
present law.
wiz 5 -nSn a., c.setion TO take under
the lazt will I'd testament OF the de-
ceased or 10 take b. inheritance. descent
and distribution. the interest In the estate
the s1me as n there had been no will
section & Provides for the time and the
shall be within one year after the issuance
OF letters testamentary. and shall DC IN
writing and filed in the Office Of the county
[ court