Omaha daily bee., 1919-04-16
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SrY ~ ~
Descent and Distribut,on.
Let The Bee Advise 70,

| DCsCCut Hlfu DlStrlDUtlOn.
| j. D. F. If a man should die leav-
| ing no will, does a second wife share
equally in the estate with one child
Of former marriage? What is
brothers or sisters share and lust
what is the Nebraska law on in
| heritance?
i Answer. The laws of the state of
Nebraska on the subject of descent
and distribution is as follows:
When any person shall die, leav-
ing husband or wife surviving, all
the real estate of which the de-
ceased was seized of an es late of in
heritance at any time during the
marriage. or in which the deceased
was possessed of an interest either
legal or equitable at the time of his
, or her death, which has not been
lawfully conveyed by the husband
and Wife while residents of this state,
or by the deceased while the hus-
band and wife was a nonresident
or this state, which has not been sold
under execution or judicial sale, and
which has 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 hus-
band or wife, If the survivor is not
the parent of all the children of the
deceased and there be one or more
children, or the issue of one or more
deceased children surviving;
Second. One-third part to the
husband or wife if the survivor is
the parent of all the children of the
deceased and there be two or more
children, or one child and the issue
Of one or more deceased children
surviving; 49,. ~ ..
Third. One-half to the husband
or wife, if the survivor is the parent
Of all the children of the deceased
and there be only one child or the
issue of a deceased child, surviving;
Fourth. One-half to the husband
or wife, IL there be no children nor
the issue of any deceased child or
children, surviving;
Fifth. If the deceased leave rela-
tives of his or her blood, the resi-
due of the real estate Of which he
or she shall die seized in the cases
above named, when not lawfully de-
vised, 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 wife surviv-
ing; and in the event the deceased
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. The
same provisions apply to personal
property where the value is over
$4,000.
Citizenship.
M. B.-If man receives 4 dis
honorable discharge from the Ne
braska home guards is he entitled to
vote and does it cast any reflection
on his rights as citizen.
Answer-While not entirely IA
miliar with the oranization of the
Nebraska home yards, I assume they
come within the term known as the
reserve militia" The statutes of
Nebraska provide that an enlisted
man in the National Guard or re-
serve militia may be discharged be-
fore the expiration of their term of
service by order of the governor,
who is the commander in chief, on
application showing good reasons
moval from county or state, for dis
ability, or by sentence Of a court
martial or company court Of dis
cipline; and without honor and the
recommendation of all the commits
stoned officers Of the company The
governor has a right to order
court-martial for the trial of Off
GERS and enlisted men for
offenses committed in viola
ton of the rules and regula-
lions promulgated for the govern
ment of the Nebraska National
Guards and for offenses committed
by them while in service which are
not taken cogniZance of by the civil
authorities, but the complete admin
istration of the National Guard or
ganization is under the civil law of
the state and penalties inflicted shall
not exceed fine in excess of the pay
due the soldier nor be confined ey-
ceeding the limit of the encamp-
ment; and provide further in time
of peace no member Of the Nebraska !
National Guard shall be placed on
trial before a general court-martial
except upon duly prepared charges
and specifications which have passed |
the official scrutiny Of the comman-
der-in-chief and trial ordered by him |
by endorsement thereon. Since you !
have not given the details Of your
particular case, it is impossible to |
give you full statement of the law
relating thereto, and since I do not |
know the reasons for your discharge. |
/ am not in a position to say what .
reflection it might cast on your rights !
as citizen, by which l presume you
mean your reputation and standing
in the community in which you live. |
Section Z, article of the Constitu-