The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-01-10
Dividing nm Estate.

a ma died intcstate, in October.
1902, leaving u widow With three GILL
fdrcn, the two youngest being minors
by two or three years; also i've @Gtnnh III,
a ars BY 2 former W w n,or anar9 deed IL
on the real estate. All outstahdang
personal debts, including doctors silis,
funeral expenses. etc, were putu !.
the time from the procecds o. .lu
all been gathered. There nus been
no sale, but everything-stock, farm
Ing implements .. the years crops: etc.-1
was left In charge o. INC Miuow' anu
mer wife being located elsewhere u
not wishing to handicap her and her
children in their effort to K out a
living. The farm consists OF. lao acres.
bacco. For tho first two years q legal
paper was drawn up and signed by
The heirs. giving the widow the priy!-
Ilcgc OF using the entire estate, provid-
the $3.50 debt. Tho paper has not
been renewed since, but tho widow
and her sons have been having y
use Of the entire farm. placing tenants
thereon each year who make crops on
inventory was taken by some OF tho
neighbors soon after the funeral. The
children simply agreed amonE them
selves at. the time that they would
IlOIE dltclllLlLE
ion of the estate as long as the widow
was living. Thc Widows Oldest son
assumed charge. aud, in the mean
time. has sold old live stock or traded
farming Implements. ZONE OF the chill
fdren by the first wife arc now asking
for a division. I understand the widow
qualified as admlristratrix a year
or two after her husbands death. Un-
der the circumstances. will you n
swcr the following questions:
4. If division Is demanded. what
steps should be taken by children Of
former wife?
2. The widow being entitled to ons-
third of the estate during her life
time. would that necessarily include
tho residence and outbuildings with
one third Of the acreage?
3. Would there have to be. q SAFE
of household and Kitchen furniture.
If so. would the widow or her son be
entitled to anything for improved stock
and farm imp1ementsp
q. No legal papers having been
drawn and signed since tho first two
years following the death of the hus-
band. has the widow the right to cul-
tivate the entire farm. and place ten
ant on same. paying no rent except
taxes and interest. total of which does
not exceed $50 or $50?
S. The farm Is easily worth from SEQ
to $35 an acre. a railroad station be-
Ing within a quarter of q mile OF
same. Can one OF the heirs legally
claim more than one share. simply
by having paid ono OIL two OF the
oilers a small sum, less than half the
real value. for their share?
SUBSCRIBER.
/. Tho children rave simply 70 go
before the Judge of the District Court.
state the facts in the case and apply
for "a division OF the property. 1t Will
probably be necessary for them to
have counsel.
2. The widows dover in this case
would be one-third OF the real estate
tCodc, section ESD. II might be pos
s!blc. of course. to agree on a compro-
mise whereby the widow could secure
the homestead II she so desired.
3. The widow or her son would GER
tainly be entitled to the value OF
such improvements as they have made
on the property. IT might be neces-
sary for them. however, to institute
suit.
A. Yes. unless tho original agreement
covering the first two years had q
clause limiting the duration of the
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