fee-simple, free from all demands of creditors: Provided, however, that where the real estate exceeds in value ten thousand dollars, the widow shall have one-fourth only, and where the real estate exceeds ten thousand dollars, one fifth only, as against creditors: Provided further, that this section shall not apply to creditors who have become such before the passage of this act. ing cannot alienate. SEC. 18. If a widow shall marry a second or any sub- Widow remarrysequent time, holding real estate in virtue of any previous marriage, and there be a child or children or their descendants alive by such marriage, such widow may not, during such second or subsequent marriage, with or without the assent of her husband alienate such real estate; and if, during such marriage, such widow shall die, such real estate shall go to her children by the marriage in virtue of which such real estate came to her, if any there be: Provided, however, that such widow, and her living husband may alienate such real estate, if her children by the marriage in virtue of which such real estate came to her shall all be of the age of twenty-one years and join in such conveyance: And provided further, that in case there be no child or children or their descendants by the marriage in virtue of which such real estate came to such widow, then, in such case, such widow may, during such second or subsequent marriage, by her second or subsequent husband joining in the conveyance thereof, alienate such real estate in fee-simple. SEC. 19. If a wife die testate or intestate, leaving a widower, one-third of her real estate shall descend to him, subject however, to its proportion of the debts of the wife contracted before marriage. SEC. 20. If a husband die intestate, leaving a widow and one child only, his real estate shall descend, one-half to his widow and one-half to his child. What to husband, from wife. When widow and one child. property goes to widow and child. SEC. 21. If a man die intestate, leaving a widow and when personal a child, or children not exceeding two, the personal property of such intestate shall be equally divided among the widow and children; the widow taking an equal share with one child, but if the number of children exceed two, the widow's share shall not be reduced below one-third of the whole: Provided, that if a man marry a second or other subsequent wife, and has by her no children, but has children alive by a previous wife, the land which, at his death, descends to such wife, shall, at her death, descend to his children. SEC. 22. The personal property of the wife held by Wife's personal property. When from husband or wife parents. her at the time of her marriage, or acquired during covert- SEC. 23. If a husband or wife die intestate, leaving no to survivor and child but leaving a father and mother, or either of them, then his or her property, real and personal shall descend, three-fourths to the widow or widower, and one-fourth to the father and mother jointly, or to the survivor of them: Provided, that if the whole amount of property, real and personal, do not exceed one thousand dollars, the whole shall go to such widow or widower. SEC. 24. If a husband or wife die intestate, leaving no child and no father or mother, the whole of his or her property, real and personal shall go to the survivor. SEC. 25. A surviving wife is entitled, except as in section 17 excepted, to one-third of all the real estate of which her husband may have been seized in fee-simple at any time during the marriage, and in the conveyance of which she may not have joined in due form of law, and also of all lands in which her husband had an equitable interest at the time of his death: Provided, that if the husband shall have left a will, the wife may elect to take under the will instead of this or the foregoing provisions. SEC. 26. A surviving wife and minor children shall, in all cases, be allowed to remain in the ordinary dwelling house of the family, and to occupy the same and the messuage thereunto appertaining, and fields adjacent, if any, not exceeding forty acres, free of rent, for one year from the death of her husband. SEC. 27. If the husband shall have made a contract for lands, and at the time of his decease, the consideration in whole or in part shall not have been paid, but after his death, the same shall be paid out of the proceeds of his estate, his widow shall have one-third of said lands in the same manner as if the legal estate had vested in the husband during the coverture. SEC. 28. If the husband shall have made a contract, subsisting at the time of his death, for real estate, and paid only part of the consideration, and said real estate shall be sold after his death under any decree, or by virtue 1 of any power or devise in the will of the husband, the widow shall be entitled to her third of such real estate, in proportion to the amount paid under said contract by the said husband. in case of mortgage for purchase money. SEC. 29. Where a husband shall purchase lands during Widow's rights, marriage, and shall, at the time of the purchase, mortgage said lands to secure the whole or part of the consideration therefor, his widow, though she may not have united in said mortgage, shall not be entitled to her third of such lands as against the mortgagee or persons claiming under him; but she shall be entitled to the same as against all other persons. SEC. 30. If a wife shall have left her husband, and shall Adulterous wife. be living, at the time of his death, in adultery, she shall take no part of the estate of her husband. husband. SEC. 31. If a husband shall have left his wife, and shall Adulterous be living, at the time of her death, in adultery, he shall take no part of her estate. SEC. 32. If a husband shall abandon his wife without just cause, failing to make suitable provision for her, or for his children, if any, by her, he shall take no part of her estate. SEC. 33. No act or conveyance, performed or executed by the husband without the assent of his wife, evidenced by her acknowledgment thereof in the manner required by law; nor any sale, disposition, transfer, or incumbrance of the husband's property, by virtue of any decree, execution, or mortgage to which she shall not be party (except as provided otherwise in this act) shall prejudice or extinguish the right of the wife to her third of his lands or to her jointure, or preclude her from the recovery thereof, if otherwise entitled thereto. Husband abandoning and not providing for wife, Wife's rights, in case of conveyances and judicial sales. ante-nuptial provision. SEC. 34. Whenever an estate in lands shall be conveyed Wife barred by to a person and his intended wife, or to such intended wife alone, or to any person in trust for such intended wife, for the purpose of creating a jointure for such intended wife; or whenever, for the same purpose, a pecuniary provision shall be made for the benefit of the intended wife,-the same shall be a bar to the right or claim of such wife in lands of her husband: Provided, the intended wife at the time of the creation of such jointure, signified, in writing indorsed upon or a'tached to the deed creating said jointure, her assent to receive the same in lieu of all right or claim of such wife in the lands of the husband. by ante-nuptial provision. SEC. 35. Whenever an estate in lands or other property Husband barred shall be conveyed to a woman and her intended husband or to such intended husband alone, as an equivalent for or in Wife's jointure. Infant wife's Widow's election as to Jointure. Widow's election as to devise. Reviver of rights by loss of jointure. Alienage of wife. lieu of all right or claim of the said intended husband in the lands of his future wife, the same shall be a bar to such right or claim; Provided, the intended husband at the time of the execution of such conveyance, signified, in writing indorsed upon or attached to said conveyance, his assent to receive the same in lieu of all right or claim of such husband in the lands of the wife. SEC. 36. The jointure of the wife, if consisting of real estate, must not be less than a freehold estate in lands, to take effect, in possession or profit, immediately on the death of the husband. SEC. 37. The assent of the wife to such jointure, if she be an infant, shall not be valid, unless her father (or if there be no father alive, then the mother; or if there be no mother then the guardian) shall join therein. SEC. 38. If before her coverture, but without her assent, or if after her coverture, any such jointure or pecuniary provision shall be assured or given for her jointure in lieu of her right to one-third of the lands of her husband, she shall make her election within one year after the death of her husband, whether she will take such jointure or pecuniary provision, or whether she will retain her right to one-third of the lands of her husband; but she shall not be entitled to both. SEC. 39. If lands be devised to a woman, or a pecuniary or other provision be made for her, by the will of her late husband, in lieu of her right to lands of her husband, she shall make her election whether she will take the lands so devised or the provision so made, or whether she will retain the right to one-third of the land of her late husband; but she shall not be entitled to both, unless it plainly appear by the will to have been the intention of the testator that she should have such lands, or pecuniary or other provision thus devised or bequeathed in addition to her right in the lands of her husband. SEC. 40. If a woman be lawfully evicted of lands assigned to her as jointure, or be deprived of provision made for her as jointure; or if a man be lawfully evicted of lands or deprived of other property conveyed to him in nature of a jointure,-which assignment, provision or conveyance had barred her or his right in the lands of her husband or of his wife, as the case may be, then her or his right to a third of said lands shall revive and be in force. SEC. 41. The alienage of any woman shall not bar her right to one-third of her husband's lands, if her husband was a citizen of the United States, or if, being an alien, he had complied with the laws of this territory to entitle him to hold lands, SEC. 42. In all cases of judicial sales of real property in which any married woman has an an inchoate interest by virtue of her marriage, where the inchoate interest is not directed by the judgment to be sold or barred by virtue of such sale, such interest shall become absolute and vest in the wife in the same manner and to the same extent as such inchoate interest of a married woman now becomes absolute upon the death of the husband, whenever, by virtue of said sale, the legal title of the husband in and to such real property shall become absolute and vested in the purchaser thereof, his heirs or assigns, subject to the provisions of this act, and not otherwise. When such inchoate right shall become vested under the provisions of this act, such wife shall have the right to the immediate possession thereof, and may have partition, upon agreement with the purchaser, his heirs, or assigns or upon demand, without the payment of rent, have the same set off to her. Wife's right upon judicial. sales. plicable. SEC. 43. The provisions of this act shall not apply to When not ap sales of real estate upon judgments rendered prior to the taking effect of this act; nor to any sale of real property of the value of twenty thousand dollars and over; nor to the sale of such real property of the aggregate value of twenty thousand dollars and over,-except to so much of such real property as shall not exceed in value the sum of twenty thousand dollars. SEC. 44. If any married woman shall die, holding real property vested in her by the provisions of this act, during the existence of the marriage in virtue of which she received the same, the whole of such real property shall descend to her surviving husband, and if any woman shall marry a second or any subsequent time, holding real property vested in her by the provisions of this act, such woman may not, during such second or subsequent marriage, either with or without the assent of her husband, alienate such real estate; and if during such marriage, such wife shall die, such real estate shall descend to her children by the marriage in virtue of which such real estate came to her, if any there be. Who inherits from wife. tion sale. SEC. 45. No real property in which any married Price on execu woman holds such inchoate interest as is provided for in this act, shall be sold on any execution or order of sale, issued out of any court for less than four-ninths of the appraised cash value thereof, exclusive of liens and incumbrances. SEC. 45. Hereafter in all civil actions brought and Husband shall be presented in any of the courts of this territory by or against joined as party to suit. |
