The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1911-05-05
title the applicant to make a secono

title the applicant to make second
entry.
19. All applications claiming as
settlers must in addition to the fact
required in paragraph II, state the
date and describe the acts of settle
ment under which they claim pre-
ferred right of entry, and applica-
tons by widows. devisees, or heirs
of settlers must state facts showing
the death of the settler and their
right to make entry; that the settler
was qualified to make entry at the
time of his death, and that the heirs
or devisees applying to enter are
citizens of the United States, or
have declared their intentions to be-
come such citizens, but they are not
required to state facts showing any
other qualifications OF a homestead
entryman, and the fact that they
have made a former entry will not
prevent them from making an entry
as such heirs or devisees, nor will
the fact that person has made en-
try as the heir or devisee OF the
settler prevent him from making an
entry in his own individual right,
if he is otherwise qualified to do SO.
20. All applications by soldiers,
sailors or their widows. or the guard
ians of their minor children should
be accompanied by proper evidence
of the soldiers or sailors service
and discharge, and of the fact thai
the soldier or sailor had not, prior
to his death, made an entry of his
own right. The application of the
widow of the soldier or sailor must
also show that she is unmarried,
and that the right has not been ex-
ercised by any other person. App!i-
cations For the children OF soldiers
or sailors must show that t'.es father
died without having made entry,
that the mother died or remarked
without making entry and that the
person applying to make entry 70,
them is their legally appointed
guardian.
Rights OF Widows, Heirs, or Devisees
Under the Homestead Laws.
81. If a homestead settler dies
before making entry his widow has
the exclusive right to enter the lands
covered by his settlement, and it
there be no widow, then any person
to whom he has devised his settle
ment rights by proper will has the
exclusive right to make the entry;
but if the settler dies leaving nei-
Their widow nor will, then the right
to enter the lands covered by his
settlement passes to the persons who
are named as his heirs by the laws
of the state in which the land hes.
The persons to whom the settlers
right Of entry passes must make set
Element within the time named II.
paragraph or they will forfeit the
right to the next qualified applicant.
They may, however, make entry at
ter that time if no adverse claim is
attached.
%. II homestead entryman dies
before making final proof his rights
under his entry will pass to his
widow; or if there be no widow,
and the entryman's children are all
minors, the right to a patent vests
in them upon making publication
of notice and proof of the death OF
the entryman without surviving
widow, that they are the only minor
children and that there are no adult
heirs of the entryman, or the land
may be sold for the benefit of such
minor children in the manner in
which other lands belonging to min
ors are sold under the laws of the
state or territory in which the lands
are located.
If the children of deceased en-
tryman are not all minors and his
wife is dead, his rights under his
entry pass to the person to whom
such rights were devised by the en-
tryman's will, or if an entryman
dies without leaving either a widow
or will, and his children are not
all minors, his rights under his en-.
try will pass to the persons who are
his heirs under the laws of the state
or territory in which the lands are
situated.
%. II contestant dies after hav-
Ing secured the cancellation of an
entry his right as successful con-
testant to make entry passes to his
heirs: and if the contestant dies be.
fore he has secured the cancellation
OF the entry he has contested, his
heirs may continue the prosecution
of his contest and make entry if
they are successful in the contest.
In either case tn ontit1o tho heir. n