Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-07-10
Nebraska
CHANGE LAW OF BECEDENT
Supreme Court Holds Law Of 1895 is
Void.
WIDOWS RIGHTs INVOLVED
County Judges Way Not set Aside
Homesfeads in Zee because Not
Allowed to Determine
Title.

LINCOLN. July Especial Telcgrau-l-
TIE supreme court today handed down four
bslated opinions which make material
change 80 tiIe law Of decrdenis IN Ne
braska- Judge Root wrote the decision.
Chief Jusfics Reese AMI Judge Scdgdick
dissenting from a PARTON % It,
The court reaffrrns it's former decision.
rendered severn! years awo but goes fur
Their and declares invalid a curative act Of
1sss which had never before been qUcs-
TONED. The Baker act gave the WIDOW Of
a Diseased person the homestead In Zee
and authorized ths county Judge TO set
aside homestead for a widow
That act was held Unconstitutional sew
srai years ago on the ground that it was
not properly passed and because Il gave
a county Judge power to determine title
70 rral estate The curative act Of l6ss
was intended 10 Isgalize the acts Of county
Judges IN setting aside homesteads in fee
TO wfdoEs- The supreme court now holds
that the curative act = unconstitutional
because such an act cannot cure the de-
fecfz OF an act that IS void in itself The
result Is that the law enforcsd prior 70 the
Baker act In now ths law and that widows
may only have life interest In a home
stead After she gets her share the heirs
may make cite in fee II Is believed that
few cases viii arise under the ruling be-
cause in most cases Of division OF estates
the statutes OF limitations has run and
litigation is barred.
Reese and ssd=vxfcE Dissent.
Chief Justice Reese and Judge Sedgwick
dissent from that part OF the decision hold
ing thai part OF the courts old deciEion.
holding that decree Of a county judge
setting aside a homestead in Zee to a
widow. IS granting power TO a county judge
10 determine ditto to real estate. and from
that part OF the new holding which says,
that children OF a deceased person are not
esrDpDsd. II they have not ratified such an
order OF a county Judge from obiecting
to such an order. they agrss with the
es1urf thar tho curative act Of Is2S II Vuntd
and with the balance OF tho opinion
In tha case or Draper against Clayton
appeal from Hamilton county, opinion BY
Root. the decree Of the district court In
affirmed In all things except IA 10 ths sub
1aof af contribution. and as TO such SUBJ
tecr the cause Is REVERSED and nemsnded
Tor further proceeasnEa. The costs In this
court are taxed equally against appeIlees
and apsllaEts.
In the second cases involving land utls.
HemIing against Forester. appeal from
Dawson. opinion by Judge Lsfton. ths cause
In reversed and remandsd-
In the case OK Draper against osterInAn.
appeal from Hamilton. opinion by JudEe
Barnes. tho Judgment OF tined iEsr1ct court
II affirmed
In the cAas OF Mcfarland against FiRck.
appeal from Kearney, opinion BY Judge
ssdgwick. tho Judgment Of ths lower court
- affirmed.
Another Senatorial Candfaate.
Alfred s0rensun Of Omaha known az the
s.vEsll-be-senAtor'' siled his receipt with the
secretary Of state tails morning showing
that ne had paid his SO fling Tee TO the
county clerk Of Douglas county AZ a eRndi-
date for United States senator. He Is run.
uing for the republican nomination.
Barton Files for Auditor.
sIlas r. Barton. state auditor, has filet
his name as a candidate for second nom
nation on the republican ticket M. Bar
ton - now serving his first tsru- Hs eisl
from Grand Island since BECOMING stat'
auditor Mr. Barton has paid particular al
teution TO the insurance department OF hi
Office having been a we'll known fraterpa
man for many years