Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06

ment Of the items mentioned in
section 20. No lien or other charge
against any homestead which is so
exempted shall be enforced in the
probate court, but the claimant may
enforce such lien or charge by an
appropriate action In the district
court"
Section 8. Laws 1885 Chapter u
section 20 is hereby amended SO as
to read as follows:
Except as provided In sections
rs and q, and subject to the allow
ances provided in section %, and
the payment of the expenses of adj
ministration, funeral expenses, eX-
penses of last illness, taxes, and
debts, the estate, real and personal,
shall descend and be distributed as
follows:
l. Personal property: To the sur
viving spouse one-third thereof
free from any teStamentary dispo-
sition thereof to which such sur
vivor shall not have consented in
writing or by election to take under
the will as provided by law.
2. Real property: To the surviving
spouse an undivided one-third of
all real property of which the de-
cedent at any time while married
to such spouse was seized or pos
sessed, to the disposition whereof
by will or otherwise such survivor
shall not have consented in writ
ing or by election to take under the
will as provided by law, except such
as has been transferred or sold by
judicial partition proceedings or ap-
propriated to the payment Of the
decedent's debts by execution or
judicial sale, by general assignment
for the benefit Of creditors, or by
insolvency or bankruptcy proceed
ings, and subject to all judgment
liens.
8. II a spouse and only one child
or the issue of a deceased child
survive, the share of the spouse
under the provisions Of subsections
and 2 hereof shall be one-half
instead Of one-third.
4. Subject to the preceding pro-
visions Of this section, the whole
estate, real and personal, except as
otherwise disposed Of by will shall
descend and be distributed as fol-
lows:
(a) In equal shares to the sur
viving children and to the issue
Of deceased children by right
of representation;
(b) If there be no surviving child
nor issue of any deceased child,
and if the intestate leaves a
surviving spouse, then to such
spouse;
(c) If there be no surviving issue
nor spouse, then to the father
and mother in equal shares, or
if but one survive, then to such
survivor;
I'd If there be no surviving issue,
spouse, father nor mother, then
in equal shares to the surviving
brothers and sisters, and to the
issue of any deceased brother
Or sister by right of representa-
ton;
(e) If there be no surviving issue,
spouse, father, mother, brother,
nor sister, then in equal shares
to the next of kin in equal
degree, except that when there
are two or more collateral
kindred in equal degree claim
ing through different ancestors,
those who claim through the
nearest ancestor shall take to
the exclusion of those claiming
through an ancestor more re-
mote.
5. If a minor dies leaving no
spouse nor issue surviving, all OF
his estate that came to him by
inheritance or will from his parent
shall descend and be distributed in
equal shares to the other children
of the same parent and to the is
sue of any deceased child of such
parent by right of representation;
failing all such, it shall descend
and be distributed by interstate sue
cession as in other cases.
6. If the inteState leaves no spouse
nor kindred, the estate shall es-
cheat to the state"
Section 9. Laws 1885 Chapter u
section 62 is hereby amended SO as
to read as follows:
mo such will shall be established
unless it is proved to have remain
ed unrevoked nor unless its pro-
visions are clearly and distinctly
proved"
Section 10. Laws 1885 Chapter 70
section CT is hereby amended so as
to read as follows:
Upon the filing for record in
the office of the register of deeds
of the proper county of an authen-
ticated copy of his letters Or otaer
record Of his authority and a GER
tificate that the same are still IN
force, a representative appointed by
a court of competent jurisdiction in
another state or country may as
sign, extend, release, satisfy, or fore
close any mortgage, judgment, o.
lien, or collect any debt secured
thereby belonging to the state rep
resented by him. Real estate &C
quired by a foreign representative
on foreclosure or execution sale
shall be held, sold, mortgaged, or
leased pursuant to Section 3d."
Section II. Laws 1885 Chapter ~
section 81 is hereby amended SO as
to read as follows:
upon the filing Of such petition,
the court shall fix the time and
place for the hearing thereof, no
tlce of which shall be given pur-
suant 10 Article XIX, Section 1915,
Upon proof of the petition and OF