SECTION 1468. Property set apart, how apportioned between widow 1469. Estates less than fifteen hundred dollars to go to wife 1470. When all property to go to children. and minor may decedent's 1464. (§ 120.) When a person dies leaving a Widow widow or minor children, the widow or children, until children letters are granted and the inventory is returned, are remain in entitled to remain in possession of the homestead, of house, etc. all the wearing apparel of the family, and of all the household furniture of the decedent, and are also entitled to a reasonable provision for their support, to be allowed by the Probate Judge. 1465. (§ 121.) Upon the return of the inventory, or at any subsequent time during the administration, the Court or the Probate Judge may, on his own motion or on petition therefor, set apart for the use of the surviving husband or wife, or the minor children of the decedent, all property exempt from execution, including the homestead selected, designated, and recorded. If none has been selected, designated, and recorded, the Judge or the Court must select, designate, set apart, and cause to be recorded, a homestead for the use of the persons hereinbefore named, in the manner provided in Article II of this Chapter, out of the real estate belonging to the decedent. All properfrom ty exempt execution to be set apart for f family. extra 1466. (§ 122.) If the amount set apart be insuffi- May make cient for the support of the widow and children, or allowance. either, the Probate Court or Judge must make such reasonable allowance out of the estate as shall be necessary for the maintenance of the family, according to their circumstances, during the progress of the settlement of the estate; which, in case of an insolvent estate, must not be longer than one year after granting letters testamentary or of administration. Payment of allowance. Property set apart, how appor widow and tioned between children. Estatos less than fifteen hundred dollars to go to wife and child. Those less than three thousand to be sum marily administered. 1467. (§ 123.) Any allowance made by the Court or Judge, in accordance with the provisions of this Article, must be paid in preference to all other charges, except funeral charges and expenses of administration; and any such allowance, whenever made, may, in the discretion of the Court or Judge, take effect from the death of the decedent. 1468. (§ 125.) When property is set apart for the use of the family, in accordance with the provisions of this Chapter, if the decedent left a widow and no minor child, such property is the property of the widow. If he left also a minor child or children, the one half of such property shall belong to the widow and the remainder to the child, or in equal shares to the children, if there are more than one. If there is no widow, the whole belongs to the minor child or children. 1469. (§ 126.) If, on the return of the inventory of the estate of an intestate, it appears that the value of the whole estate does not exceed the sum of fifteen hundred dollars, the Probate Court, by a decree for that purpose, must assign for the use and support of the widow and minor child or children, if there be a widow or minor child, and if no widow, then for the children, if there are any, the whole of the estate, after the payment of the expenses of his last illness, funeral charges, and expenses of the administration, and there must be no further proceedings in the administration unless further estate be discovered; and when it so appears that the value of the whole estate does not exceed the sum of three thousand dollars, it is in the discretion of the Probate Court to dispense with the regular proceedings, or any part thereof, prescribed in this Title, and there must be had a summary administration of the estate, and an order of distribution thereof at the end of six months after the issuing of letters; the notice to creditors must be given to pre sent their claims within four months after the first publication of such notice, and those not so presented are barred as in other cases. 1470. (§ 127.) If the widow has a maintenance derived from her own property equal to the portion set apart to her by the preceding sections of this Article, the whole property so set apart, other than her half of the homestead, must go to the minor children. When all property to go to children. ARTICLE II. OF THE HOMESTEAD. SECTION 1474. Rights of survivor to homestead. 1475. Selected and recorded homestead set off to person 1476. Appraisers to carve out of the original exceeding five the same. 1477. Report of the appraisers. Majority and minority, which may be confirmed. 1478. Day to be set for confirming or rejecting the report of 1479. If report rejected, other appraisers appointed. If 1481. If no homestead is selected and recorded prior to death 1482. Court to direct partition suit in the District Court, 1483. If property is common or separate, Court to cause 1484. New appraisement, when ordered. Instead of deed- 1485. Costs, to whom chargeable. Persons succeeding to 1486. Certified copies of certain orders to be recorded. • Rights of survivor to 1474. (§ 10.) The homestead selected by the hushomestead. band and wife, or either of them, during their coverture, and recorded while both are living, on the death of the husband or wife vests absolutely in the survivor, and is not, nor is the proceeds of a sale thereof, subject to the payment of any debt or liability contracted by or existing against the husband and wife, or either of them, previous to or at the time of the death of such husband or wife, except such mortgage or lien as the homestead was subject to at the time of the death of such husband or wife. Selected and recorded homestead set off to person entitled. 1475. (§ 121.) If the homestead selected and recorded prior to the death of the decedent is returned in the inventory, appraised at not exceeding five thousand dollars in value, the Probate Court must, by order, set it off to the persons in whom title is vested by the Subsisting preceding section. If there are subsisting liens or incumbrances on the homestead, they must be paid out of the funds of the estate, if there remain sufficient for that purpose, after the payment of all claims allowed against the estate. liens to be paid by solvent estate. Appraisers to carve out of the original, five thousand dollars in value, a and report the same. 1476. If the homestead, as selected and recorded, is appraised at more than five thousand dollars, the exceeding appraisers must, before they make their return, admeasure and set apart such portion of the original homestead, homestead, including the residence, or such portion of the residence as does not exceed five thousand dollars in value, and make report thereof, giving the metes, bounds, and full description of the property and appurtenances by them set apart as a homestead; the appraisers must, at the same time, report the value of the entire house, if they have partitioned it; also, the house and the largest portion of the immediately adjacent land and buildings, which, together, do not exceed five thousand dollars in value. of the 1477. Any two of the appraisers concurring may Report discharge the duties imposed upon the three, and appraisers. make the report. A dissenting report may be made by the third appraiser. The report must state fully the acts of the appraisers. Both reports may be heard Majority and considered by the Court in determining a con- minority, firmation or rejection of the majority report, but the minority report must in no case be confirmed. and which confirmed. Day to be confirming set for or rejecting of the 1478. When the report of the appraisers is filed, the Court must set a day for hearing any objections thereto, from any one interested in the estate. There the report must be given the same notice thereof as is required appraisers. in Article I, Chapter II, of the probate of a will. The objections must be in writing, and, together with such witnesses as may be produced for and against the report, be heard by the Court. If the Court is satisfied Appeal. that the appraisement, or the partition and appraisement, was fairly and honestly conducted and made, the report, appraisement, and partition must be confirmed; if not, rejected. rejected, appraisers 1479. If the report is rejected, and no appeal is If report taken therefrom, or if from any cause the first apprais- other ers fail to make the required report, the Court must appointed. appoint three disinterested householders, residents of the county, to appraise and admeasure the homestead, who must be sworn thereto, perform the duties and make report thereof, and the same proceedings for the confirmation or rejection thereof must be had as provided in the two preceding sections. If the report is again rejected, and no appeal is taken, the Court must direct the homestead claimant to bring action for partition of the homestead, in the District Court, and must set apart the homestead as directed by the District Court. 1480. Instead of dividing a house or the land embraced in the homestead selected and recorded, If again partition rejected, suit to be brought. |