When not in full.

Application to be by summons.

What to be set

for the year's support of his widow and her family shall not, in any case, exceed the value prescribed above; and the allowance made to her as above prescribed, shall preclude her from any further allowance.

SEC. 20. When not in full:

It shall not, however, be obligatory on a widow to have her support assigned as above prescribed, without applying to the personal representative of her deceased husband; or after an allowance shall have been made to her on her ap plication in manner aforesaid, she may, at any time within one year after the death of her husband, apply to the Superior Court of the County in which the will was proved, or administration granted, to have a year's support for herself and her family assigned to her.

SEC. 21. Application to be made by summons, &e.:

The application shall be by summons, as is prescribed in section four of this act, in which the personal representative of the deceased, if there be one other than the plaintiff, the largest known creditor, or legatee, or some distributee of the deceased, living in the County, shall be made a defendant, and the proceedings shall be as prescribed in this act for special proceedings between parties.

SEC. 22. What to be set forth in complaint:

In her complaint the widow shall set forth, beside the forth in complaint. facts entitling her to a year's support and the value thereof, as claimed by her, the further facts, that the estate of the deceased is not insolvent, and that the personal estate of which he died possessed exceeded two thousand dollars, and also whether or not she had an allowance made her, and the nature and value thereof; and if no allowance has been made, the quantities and values of the articles consumed by her and her family since the death of her husband.

SEC. 23. What judgment shall be given :

shall be given.

If the material allegations of the complaint be found true, What judgment the judgment shall be that she is entitled to the relief sought; and the Court shall thereupon issue an order to the Sheriff or other proper officer of the County, commanding him to summon a Justice of the Peace and two indifferent persons qualified to act as jurors of the County, to assign to the plaintiff from the crop, stock, and provisions of the deceased, a sufficiency for the support of herself and her family, for one year from the death of her husband; and if there be a deficiency thereof to assess such deficiency, to be paid by the personal representative from the personal assets of the deceased; deducting, nevertheless, in all cases from such allowance the articles, or the value thereof consumed by the widow and her family before such assignment, and also any sum previously assigned to her.

sioners, how repor

SEO. 24. Duty of Commissioners, how report returned : The said Commissioners shall be sworn by the Justice Duty of Commisand shall proceed as prescribed in sections thirteen and returned. fourteen of this act; except that they may assign to the widow to a value sufficient for the support of herself and her family according to the estate and condition of her husband and without regard to the limitation in section ten of this act; but the value allowed shall not in any case exceed the one half of the annual net income of the deceased for the three years next preceding his death. Their report shall be returned by the Sheriff, instead of by the Justice.

SEC. 25. Party interested may except:

be filed in twenty

The personal representative, or any creditor, distributee, Exceptions may or legatee of the deceased, within twenty days after the days. return of the report, may file exceptions thereto; the Plaintiff shall be notified thereof and cited to appear before the Court on a certain day, within twenty, and not less than ten days after service of the notice and answer the same, the case shall thereafter be proceeded in, heard, and decided

If the report confirmed, &c.

Costs, how to be paid.

Fees of Sheriff, Justice and Commissioners.

What acts repealed.

as herein provided for in special proceedings between parties.

SEC. 26. If the report confirmed, what judgment and execution:

If the report shall be confirmed, the Court shall so declare, and execution shall issue to enforce the judgment as in like

cases.

SEC. 27. Costs, how to be paid:

If the widow shall recover final judgment for a value greater than that mentioned in section ten of this act, or for an additional value after having received the value therein mentioned, it shall be in the discretion of the Court, to adjudge the whole or any part of the costs against the widow, the personal representative of the party excepting, as may seem just; but if the widow shall fail to recover more than the value allowed by said section ten, computing as part of her recovery, any value which may have been assigned to her on her application, to her personal representative she shall pay the whole cost of the proceeding. If the personal representative shall have failed for thirty days after the widow's application, to have her year's support assigned to her, he shall pay the whole cost of her proceeding personally.

SEC. 28. Fees of Commissioner and Sheriff:

The fees of the Justice, and Commissioners, and Sheriff' each, shall be one dollar for the assignment; the other fees and cost shall be as prescribed in other cases.

SEC. 29. What acts repealed:

Sections eighteen, nineteen, twenty and twenty-one of chapter one hundred and eighteen of the Revised Code are hereby repealed.

SEC. 30. Year's Provisions heretofore laid off, validated:

year's provisions.

All the widow's year's provisions heretofore laid off by Validation of any Court or proceeding, since the present Constitution of the State was ratified, shall be and the same are hereby validated: Provided, The same are satisfactory to the parties.

SEC. 31. Widows unprovided for, allowed to proceed under this act:

Every widow, whose year's support has not been allowed and assigned to her by some Court or proceeding since the present Constitution was ratified, may proceed to have the same allotted to her under the provisions of this chapter, deducting for the time which has elapsed up to the date of such allotment.

Widow allowed lotted, &c.

to have support al

CHAPTER III.

PROCEEDURE IN SPECIAL PROCEEDINGS TO OBTAIN DOWER.

SEC. 32. To what Dower a Widow is entitled:

Widows shall be endowed as at common law, as in this

chapter defined..

SEC. 33. Common Law Dower defined:

Widows endowed as at common law.

Every married woman shall be entitled to one-third in- Dower defined. terest in value of all the lands, tenements and hereditaments whereof her husband is or may be seized and possessed at any time during coverture; in which third part shall be included the dwelling house in which her husband and family usually resided, together with the offices, outhouses, buildings and other improvements thereunto belonging or appertaining.

Dower not liable for debt, &c.

Alienation by husband pass only twothirds.

When widow barred.

Widow may dis

sent.

Effect of dissent.

SEC. 34. Dower not liable to be sold under execution:

Dower, or right of dower, shall, in no case, be subject to seizure on execution for the payment of any debt of the husband during the term of the life of the wife.

SEC. 35. Alienation by husband pass only two-thirds:

No alienation of the husband alone, with or without covenant of warrantry, shall have any other or further effect than to pass his two-thirds interest in such estate: Provided, That a mortgage or trust deed by the husband to secure the purchase money, or any part thereof, of land bought by him, shall, without the wife executing the deed, be effectual to pass the whole interest according to the provisions of the said deed.

SEC. 36. When Widow barred :

The right to dower under this act shall pass and be effec tual against any widow or person claiming under her upon the wife joining with her husband in the deed of conveyance and being privately examined as to her consent thereto in the manner prescribed by law.

SEC. 37. Widow may dissent:

Every widow may dissent from her husband's will before the Court of Probate of the County in which such will is proved, at any time within six months after the probate. The dissent may be in person, or by attorney, authorized in writing, executed by the widow and attested by at least one witness and duly proved and registered. The dissent, whether in person or by attorney, shall be filed as a record of Court. If the widow be an infant or insane, she may dissent by her guardian.

SEC. 38. Effect of dissent :

Upon such dissent, the widow shall have the same rights and estates in the real and personal property of her husband as if he had died intestate.