Nebraska, of suitable age and capacity to receive instruction, shall be admitted into, and enjoy the benefits of said institution without charge. [Id. § 9.]

SEC. 6. [Moneys, how disbursed.]—All moneys in the hands of the treasurer of said institution, shall be payable only upon order of the board. [Id. § 10.] SEC. 7. [Reports-Treasurer-Principal.]-The treasurer and principal shall make annual reports to the board of directors, who shall examine the same at the first meeting held in each year, as provided for in this act. [Id. § 11.]

SEC. 8. [Report to governor.]-Within ten days preceding the meeting of each regular session of the legislature, the said board shall furnish to the goyernor a printed report of the action of the board and an estimate of the expenses of the institution in all of its departments, together with a statement of the receipts and disbursement of funds; and during the first week of the session of the legislature, at least ten copies of said report shall be delivered to each member thereof. The said report shall show: First. The names of the president and directors. secretary and treasurer, and of the principal and teachers employed, with the compensation allowed to each. Second. The names, age, and residences, of the pupils and the dates of their reception into the institution. Third. The names, age, and residences of deaf mutes ascertained to be in the state, which have not attended the school. Fourth. The names and residences of all other persons in the service of the institute and their business and compensation. Fifth. The statement of the accounts of the institute showing the amounts of money received and the dates thereof, and its disbursements. [Id. § 12.]

SEC. 9. [Vested rights assumed by state.]-All rights inuring to, and all obligations incurred and contracts made by the corporation, incorporated under an act entitled "An act to incorporate an institute for the deaf and dumb," approved, February 7, 1867, are hereby declared to be vested in and assumed by the state of Nebraska. [Id. § 13.]

CHAPTER 23.-DECEDENTS.

SECTION 1. [Dower.]-The widow of every deceased person shall be entitled to dower, or the use, during her natural life, of one-third part of all the lands whereof her husband was seized, of all estate of inheritance at any time during the marriage, unless she is lawfully barred thereof. [R. S. 56. G. Š. 276.]

SEC. 2. [Same.]-If a husband, seized of an estate of inheritance in lands, exchange them for other lands, his widow shall not have a dower of both, but shall have her election to be endowed of the lands given, or of those taken in exchange; and if such election be not evinced by commencement of proceedings to recover her dower of the lands, given in exchange, within one year of the death of her husband, she shall be deemed to have elected to have taken her dower of the lands received in exchange.

SEC. 3. Mortgaged lands.]-When a person seized of any estate of inheritance, shall have executed a mortgage of such estate before marriage, his widow shall be entitled to dower out of the lands mortgaged, as against every person except the mortgagee, and those claiming under him.

SEC. 4. [Same.-Where a husband shall purchase lands during coverture and shall at the same time mortgage his estate in such lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of such lands, as against the mortgagee or those claiming under him, although she shall not have united in such mortgage; but she shall be entitled to dower as against all other persons.

SEC. 5. [Same.]-When, in either of the cases mentioned in the two preceding sections, the mortgagee, or those claiming under him, shall, after the death of the husband, cause the mortgaged premises to be sold by virtue of such mortgage, and any surplus shall remain after payment of the moneys due thereon, and the costs and charges of the sale, such widow shall be entitled to the interest or income of one-third part of such surplus, for her life as dower.

NOTE.-Chapter XIV, R. 8. 56. Chap. 17, G. S. 276.

SEC. 6. [Same.]-If in either of the cases above specified, the heir or other person, claiming under the husband, shall pay and satisfy the mortgage, the amount so paid shall be deducted from the value of the land, and the widow shall have set out to her, for her dower in the mortgaged lands, the value of one-third of the residue after such deduction.

SEC. 7. [Lands aliened by husband.]-When a widow shall be entitled to dower out of any lands which shall have been aliened by the husband in his lifetime, and such lands shall have been enhanced in value after the alienation, such lands shall be estimated in setting out the widows dower, according to their value at the time when they were so aliened.

SEC. 8. [Land in several counties.]-When a widow is entitled to dower in the lands of which her husband died seized, and her right to dower is not disputed by the heirs or devisees, or any person claiming under them, or either of them, it may be assigned to her in whatever counties the lands may lie, by the judge of probate for the county in which the estate of the husband is settled, upon the application of the widow, or any other person interested in the lands; notice of which application shall be given to such heirs, devisees, or other persons, in such manner as the judge of probate shall direct. For the purpose of assigning such dower, the judge of probate shall issue his warrant to three discreet and disinterested persons, authorizing and requiring them to set off the dower by metes and bounds, when it can be done without injury to the whole estate.

SEC. 9. [Setting off dower.]-The commissioners shall be sworn before a judge or justice of the peace, to the faithful discharge of their duties, and shall, as soon as may be, set off the dower according to the command of such warrant, and make return of their doings, with an account of their charges and expenses, in writing, to the probate court; and the same being accepted and recorded, and an attested copy thereof filed in the office of the register of deeds of the county where the lands are situated, the dower shall remain fixed and certain, unless such confirmation be set aside or reversed on appeal; and one-half the costs of such proceedings shall be paid by the widow, and one-half by the adverse party.

SEC. 10. [Where estate cannot be divided.]-When the estate out of which dower is to be assigned, consists of a mill or other tenements, which cannot be divided without damage to the whole, and in all cases where the estate cannot be divided by metes and bounds, the dower may be assigned of the rents, issues and profits to be had and received by the widow as a tenant in common with the owners of the estate.

SEC. 11. [Widow may occupy.]-When a widow is entitled to dower in the lands of which her husband died seized, she may continue to occupy the same with the children or other heirs of the deceased, or may receive one-third part of the rents, issues and profits thereof, so long as the heirs or others interested do not object, without having the dower assigned.

SEC. 12. [How right of dower may be barred.]—A married woman residing within this state, may bar her right of dower in any estate conveyed by her husband, or by his guardian if he be a minor, by joining in a deed of conveyance, and acknowledging the same as prescribed by law, or by joining with her husband in a subsequent deed acknowledged in like manner.

SEC. 13. [Dower may be barred by jointure.-A woman may also be barred of her dower in all the lands of her husband, by a jointure settled on her, with her assent, before the marriage, provided such jointure consists of a freehold estate in lands for the life of the wife at least, to take effect, in possession or profit, immediately on the death of the husband."

SEC. 14. [How assent to be expressed.]-Such assent shall be expressed, if the woman be of full age, by her becoming a party to the conveyance by which it is settled, and if she be under age, by her joining with her father or guardian in such conveyance.

SEC. 15. [Provision in lieu of dower.]-Any pecuniary provision that shall be made for the benefit of an intended wife, and in lieu of dower, shall, if

assented to as provided in the preceding section, bar her right of dower in all the lands of her husband.

SEC. 16. [Wife to elect whether to take dower or jointure.-If any such jointure or pecuniary provision be made before marriage, and without the assent of the intended wife, or if it be made, after marriage, she shall make her election before the death of her husband, whether she will take such jointure or pecuniary provision, or be endowed of the lands of her husband; but she shall not be entitled to both.

SEC. 17. [Wife to elect between dower and husband's will.]—If any lands be devised to a woman, or other provision be made for her in the will of her husband, she shall make her election, whether she will take the lands so devised of the provision so made, or whether she will be endowed of the lands of her husband; but she shall not be entitled to both, unless it plainly appears by the will to nave been so intended by the testator.

SEC. 18. [Same.] - When a widow shall be entitled to an election under either of the two preceding sections, she shall be deemed to have elected to take such jointure, devise or other provision, unless, within one year after the death of her husband, she shall commence proceedings for the assignment or recovery of her dower.

SEC. 19. [In case of eviction to be endowed anew.]-If a woman is lawfully evicted of lands assigned to her as dower, or settled upon her as jointure, or is deprived of the provision made for her by will or otherwise, in lieu of dower, she may be endowed anew, in like manner as if such assignment, jointure or other provision had not been made.

SEC. 20. [Aliens and non-residents.]—A woman being an alien shall not, on that account, be barred of her dower; and any woman residing out of the state shall be entitled to dower of the lands of her deceased husband, lying in this state, of which her husband died seized; and the same may be assigned to her or recovered by her, in like manner as if she and her deceased husband had been residents within the state at the time of his death.

SEC. 21. [Waste.]-No woman who shall be endowed of any lands, shall commit or suffer any waste on the same; but every woman so endowed shall maintain the houses and tenements, with the fences and appurtenances, in good repair, and shall be liable to the person having the next immediate inheritance therein, for all damages occasioned by any waste committed or suffered by her.

SEC. 22. [Widow entitled to dwelling house.]-A widow may remain in the dwelling house of her husband one year after his death, without being chargeable with rent therefor, and shall have her reasonable sustenance out of the estate, for one year.

SEC. 23. [Damages.]-Whenever, in any action brought for the purpose, a widow shall recover her dower in lands of which her husband shall have died seized, she shall be entitled also to recover damages for the withholding of such dower.

SEC. 24. [Measure of damages.]-Such damages shall be one-third part of the annual value of the mesne profits of the lands in which she shall so recover her dower, to be estimated, in a suit against the heirs of her husband, from the time of his death, and in suits against other persons, from the time of her demanding her dower of such persons.

SEC. 25. [Same.j-Such damages shall not be estimated for the use of any permanent improvements, made after the death of her husband, by his heirs, or by any person claiming title to such lands.

SEC. 26. [Damages when land is alienated by heir.]-When a widow shall recover her dower in any lands alienated by the heir of her husband, she shall be entitled to recover of such heir, in a civil action, her damages for withholding such dower, from the time of the death of her husband to the time of the alienation by the heir, not exceeding six years, in the whole; and the amount which she shall be entitled to recover from such heir shall be deducted from the amount she would otherwise be entitled to recover from such grantee, and any

amount recovered as damages from such grantee shall be deducted from the sum she would otherwise be entitled to recover from such heir.

SEC. 27. [Assignment of dower a bar to further claim.]—When the widow shall have accepted an assignment of dower in satisfaction of her claim upon all the lands of her husband, it shall be a bar to any further claim of dower against the heir of such husband, or any grantee of such heir, or any grantee of such husband, unless such widow shall have been lawfully evicted of the lands so assigned to her as aforesaid.

SEC. 28. [Dower recovered by default or collusion.]-When a widow, not having right to dower, shall, during the infancy of the heirs of her husband, or any of them, or of any person entitled to the lands, recover dower, by the default or collusion of the guardian of such infant heir or other person, such heir or other person, so entitled, shall not be prejudiced thereby; but when he comes of full age, he shall have an action against such widow, to recover the lands so wrongfully awarded for dower.

SEC. 29. [Estate by curtesy.]-When any man and his wife shall be seized in her right of any estate of inheritance in lands, the husband shall, on the death of his wife, hold the lands for his life, as tenant thereof by curtesy; Provided, That if the wife, at her death, shall have issue by any former husband, to whom the estate might descend, such issue shall take the same, discharged from the right of the surviving husband to hold the same as tenant by the curtesy.

TITLE TO REAL PROPERTY BY DESCENT.

SEC. 30. [Order of descent.]-When any person shall die seized of any lands, tenements or hereditaments, or of any right thereto, or entitled to any interest therein in fee simple, or for the life of another, not having lawfully devisêd the same, they shall descend, subject to.his debts, in the manner following: First. In equal shares to his children, and to the lawful issue of any deceased child, by right of representation; and if there be no child of the intestate living at his death, his estate shall descend to all his other lineal descendants; and if all the said descendants are in the same degree of kindred to the intestate, they shall have the estate equally; otherwise they shall take according to the right of representation. Second. If he shall have no issue, his estate shall descend to his widow during her natural lifetime, and, after her decease, to his father; and if he shall have no issue nor widow, his estate shall descend to his father. Third. If he shall have no issue, nor widow, nor father, his estate shall descend, in equal shares to his brothers and sisters, and to the children of any deceased brother or sister, by right of representation; Provided, That if he shall have a mother also, she shall take an equal share with his brothers and sisters. Fourth. If the intestate shall leave no issue, nor widow, nor father, and no brother nor sister living at his death, his estate shall descend to his mother, to the exclusion of the issue, if any, of the deceased brother and sister. Fifth. If the intestate shall leave no issue, nor widow, and no father, mother, brother, nor sister, his estate shall descend to his next of kin, in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor more remote; Provided however, Sixth. If any person shall die, leaving several children, or leaving one child, and the issue of one or more other children, and any such surviving child shall die under age, and not having been married, all the estate that came to the deceased child, by inheritance from such deceased parent. shall descend, in equal shares, to the other children of the same

SEC. 29. A wife owning real estate in her own right, leased the same and died before the expiraton of the lease. A creditor of the husband. brought suit, obtained judgment and sold the husband's estate by curtesy in the demised premises. Held, That the purchaser was not entitled to possession of the premises, until the lease had expired. 8 Neb. 525.

SEC. 30. Upon death of a tenant in fee without any heirs, his estate vests co instanti, in the state, and the administrator of such estate can convey no title to said estate, and has no right of possession to the same to deliver. 5 Neb. 206. See Art. IX, Chap 83. post. Husband does not inherit wife's personalty. 13 Neb. 285.

parent, and to the issue of any such other children, who shall have died, by right of representation. Seventh. If, at the death of such child who shall die under age, and not having been married, all the other children of his said parent shall also be dead, and any of them shall have left issue, the estate that came to said child, by inheritance from his said parent, shall descend to all the issue of other children of the same parent; and if all the said issue are in the same degree of kindred to said child, they shall share the said estate equally, otherwise they shall take according to the right of representation. Eighth. If the intestate shall leave a widow, and no kindred, his estate shall descend to such widow. Ninth. If the intestate shall have no widow, nor kindred, his estate shall escheat to the people of this state.

SEC. 31. Illegitimate child.]-Every illegitimate child shall be considered as an heir of the person who shall, in writing, signed in the presence of a competent witness, have acknowledged himself to be the father of such child, and shall in all cases be considered as an heir of his mother, and shall inherit his or her estate in whole or in part as the case may be, in the same manner as if he had been born in lawful wedlock; but he shall not be allowed to claim, as representing his father or mother, any part of the estate of his or her kindred, either lineal or collateral, unless, before his death, his parents shall have intermarried and had other children, and his father, after such marriage, shall have acknowledged him, as aforesaid, or adopted him into his family, in which case such child and all legitimate children shall be considered as brothers and sisters, and on the death of either of them intestate, and without issue, the other shall inherit his estate, and he theirs, as herein before provided, in like manner as if all the children had been legitimate, saving to the father and mother respectively their rights in the estate of all the said children as provided herein before, in like manner as if all had been legitimate.

SEC. 32. [Estate of illegitimate child.]—If any illegitimate child shall die intestate, without lawful issue, his estate shall descend to his mother, or, in case of her decease, to her heirs at law.

SEC. 33. [How degrees of kindred computed.]-The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.

SEC. 34. [Advancements.)-Any estate, real or personal, that may have been given by the intestate in his lifetime, as an advancement to any child or other lineal descendant, shall be considered as a part of the estate of the intestate, so far as it regards the division and distribution thereof among his issue, and shall be taken by such child or other descendant towards his share of the estate of the intestate.

SEC. 35. [Same.]-If the amount of such advancement shall exceed the share of the heir so advanced, he shall be excluded from any further portion in the division and distribution of the estate, but he shall not be required to refund any part of such advancement; and if the amount so received shall be less than his share, he shall be entitled to as much more as will give him his full share of the estate of the deceased.

SEC. 36. [Same.]—If such advancement be made in real estate, the value thereof shall, for the purposes mentioned in the preceding section, be considered a part of the real estate to be divided; and, if it be in personal estate, it shall be considered a part of the personal estate; and if in either case it shall exceed the share of real and personal estate respectively, that would have come to the heir so advanced, he shall not refund any part of it, but shall receive so much less out of the other part of the estate as will make his whole share equal to those of the other heirs who are in the same degree with him.

SEC. 87. [Same.]-All gifts and grants shall be deemed to have been made