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The act of 1903, Acts 1903, p. 152, providing for the disposal of escheated lands in Lawrence and Monroe counties, and vesting the control of the same in trustees of the Indiana University, is unconstitutional because of its being a local and special law in the support of common schools. Donaldson v. State ex rel., 182 Ind. 615, 101 N. E. 485.

3014. What descends to widow.

The widow of a man inherits from him at his death one-third of his real estate in fee simple unless she abandoned her husband and at the time of his death was living apart from him in adultery, and proof of occasional acts of adultery by her will not defeat her right of inheritance. Spade v. Hawkins, 60 App. 388, 110 N. E. 1010.

Under this section and section 3034, a widow is entitled to one-third of her deceased husband's estate, unless it appears that subsequent to the marriage she abandoned him, and at the time of his death was living apart from him in adultery. Spade v. Hawkins, 60 App. 388, 110 N. E. 1010.

In view of this section and section 3034, a special finding that since a certain date "and up to and including" the day of the husband's death, she had been living "from time to time in the practice of adultery," was held not sufficient to support a conclusion of law that she was living at the time of his death in adultery. Spade v. Hawkins, 60 App. 388, 110 N. E. 1010.

Under this section and section 3034, the evidence was held insufficient to sustain a finding that the wife was "living at the time of his (husband's) death in adultery," in the absence of evidence to show that she was guilty of any improper conduct for two years immediately prior to his death. Spade v. Hawkins, 60 App. 388, 110 N. E. 1010.

Under this section and sections 3017, 3043, where a widow and one child survive the testator, and the widow elects to take under the will, she takes a one-sixth interest in the intestate property of the testator. Hager v. Warner, App. 112 N. E. 545.

Under this section and sections 3029, 3037, the wife of a bankrupt whose lands were sold by the assignee has an inchoate interest in such lands, which, on the death of the bankrupt, she surviving him, ripens into a fee simple estate. Bowers v. Lillis, 187 Ind. 1, 115 N. E. 930.

Under this section and section 3029, the title acquired by a widow does not come to her by descent from her husband, but is acquired by virtue of her marital rights. Bowers v. Lillis, 187 Ind. 1, 115 N. E. 930.

In view of this section and sections 3029, 3037, 3043, an election by a widow to take either under the will or at law operates as a relinquishment of her right as to the other alternative. Bowers v. Lillis, 187 Ind. 1, 115 N. E. 930.

Under this section and section 3033, the widow of one who dies intestate, leaving heirs, was held entitled to one-third of the rents and profits of the deceased's real estate and equitably chargeable with one-third of the taxes and expenses of improvement. Porter v. Mooney, 64 App. 479, 116 N. E. 60.

In view of this section and section 3033, a purchase-money mortgage on the lands of a deceased person who leaves a widow is chargeable primarily against the undivided two-thirds of the land. Porter v. Mooney, 64 App. 479, 116 N. E. 60. Under this section and sections 3029, 3052, relating to the inchoate interest of the wife in the land of her husband, the interest of the wife becomes absolute, entitling her to partition, as soon as the husband's title is transferred by an adjudication to the trustee in bankruptcy. Harlan v. American Trust Co., App.

119 N. E. 20.

Unless a widow elects to take under this section, she takes under the will and receives nothing from her husband's estate by the law of descent unless otherwise provided in the will in view of sections 3043, 3045. Wolf v. Wolf, 127 N. E. 152.

3015. Widow remarrying, can not alienate.

App.

When a widow who has children alive by her husband remarries, she can not convey the real estate that she inherited from such husband during the existence of such marriage, and if she dies while such marriage relation exists, such real estate will descend to the children of the husband from whom she inherited it, but if she survives her second husband and does not remarry, such real estate at her death will descend as though she had not entered into a second marriage, but if the widow at her death is divested of her title by the statute of limitations, her heirs will not inherit any interest in the land. Simon v. Rathfen, 184 Ind. 94, 110 N. E. 679; McBeth v. Wetnight, 57 App. 47, 106 N. E. 407.

A conveyance by a husband and wife of the wife's lands inherited from her former husband is void, where there are children by the former marriage. Simon v. Rathfen, 184 Ind. 94, 110 N. E. 679.

Where a widow, who had land from her first husband, married again and conveyed the land, her second husband joining in the conveyance, and the wife survives the second husband, the right of inheritance of her children by the first marriage is governed by section 2990. Simon v. Rathfen, 184 Ind. 94, 110 N. E. 679.

3016. What descends to husband from wife.

The one-third part of the lands of a wife which descends to her husband is not subject to sale for the payment of the general debts of the wife, unless he has in some manner estopped himself to claim such exemption, nor can such land be charged with the expenses of the illness and funeral of the wife when the credit for such expenses was not extended to him. Shuey v. Lambert, 53 App. 567, 102 N. E. 150.

A husband may be estopped to assert an interest in the lands of his deceased wife if he is made a party to proceedings by the administrator of her estate to obtain an order for the sale of land and he fails to appear and set up his claims. Williams v. Wood, 60 App. 69, 107 N. E. 683.

Under this section, the husband takes one-third of his wife's real estate at her death, which may be subjected to the lien of a judgment against the husband, in the absence of conveyance, estoppel or waiver. Studebaker Bros. Mfg. Co. v. De Moss, App. 111 N. E. 26.

Under this section and section 3046, the husband takes by descent, irrespective of election, where no property is left to him by will or provision made for him therein. Studebaker Bros. Mfg. Co. v. DeMoss, 62 App. 635, 113 N. E. 417. See note to section 3046.

By virtue of this section, the husband becomes seized immediately upon the death of his wife of an undivided one-third part of her realty free from the general liabilities of her estate. Globe Mercantile Co. v. Perkeypile, App. 121 N. E. 844.

The creditor of a husband has no greater interest in the realty of the deceased wife than the interest remaining after sale of the wife's property for mortgage debt. Globe Mercantile Co. v. Perkeypile, Ind., 125 N. E. 29.

Although the husband under this section is seized immediately upon death of his wife intestate of a one-third part of her realty, the court may order the sale of the

realty to pay a mortgage debt thereon. Globe Mercantile Co. v. Perkeypile, Ind., 125 N. E. 29.

On petition to sell a deceased wife's realty to pay her debts, judgment creditors of the husband are not necessary parties and are not entitled to notice. Globe Mercantile Co. v. Perkeypile, Ind. 125 N. E. 29

3017. When widow and one child.

See notes to sections 3014, 3101.

3018.

When personal property goes to widow and children.

The damages that are paid to an administrator of the estate of a decedent on account of the death of the decedent being caused by a wrongful act must be distributed to the widow and children of the decedent as provided by this section, and no part of the money received by the administrator can be applied in payment of claims against the estate even with the consent of the widow. Grancik v. Rajcany, 54 App. 274, 101 N. E. 745.

3019. Childless widow, life estate.

A widow who is a childless second wife, can not lease land inherited from her husband that will bind her forced heirs beyond the time of her death. Cropper v. Glidewell, 52 App. 52, 98 N. E. 1012.

If a man dies leaving a widow who is a childless second wife, and leaves children alive by a former marriage, the widow inherits only a life estate in his land and the fee vests in such children, and her deed to such lands conveys only a life estate. Ward v. Tuttle, 54 App. 674, 102 N. E. 405.

[Acts 1915, p. 594. In force March 10, 1915.]

3024a. Childless second wife, deeds by children.-1. That in all cases where heretofore a man has died intestate leaving surviving him a second or other subsequent wife without children by him, and leaving a child or children or their descendants alive by a previous wife, and such surviving childless, second, or other subsequent wife, shall have taken an interest in the real estate of her said husband, under the laws of descent of this state in force prior to the 24th day of February, 1899, and where during the life of such second or subsequent childless wife and after the death of the husband, the children of the latter by a former wife or wives or the guardians of such children have attempted to execute conveyances in fee to all or any part of the lands affected by an interest of such wife, such conveyances shall be held to convey the interest of such children in such lands that would descend to them through such second or subsequent childless wife, and shall estop such children or their heirs from hereafter claiming such interest.

3024b. Legalizing former conveyances.-2. That in all cases where after the death of such husband, the second or subsequent childless wife and the children of such husband by a former wife or wives or their guardian have attempted to dispose of such estate or any interest in the whole or any part of the lands of such husband by conveyance one to the other, or to other persons, such conveyances

shall be held to be valid, and shall estop all the parties or their heirs from hereafter claiming any interest so conveyed: Provided, That this act shall not affect pending litigation.

3025. Widow's interest in personal estate.

A husband can not by gifts causa mortis deprive his widow of the interest given her by law in his personal estate. Crawfordsville Trust Co. v. Ramsey, 55 App. 40, 100 N. E. 1049, 102 N. E. 282.

See note to section 2848.

Under this section and section 3042, the written election of a widow to take under the law is not admissible in an action to contest the probate of a will, since no election is authorized until after the will is admitted to probate. Johnson v. Samuels, 186 Ind. 56, 114 N. E. 977.

3027. When from husband or wife to survivor and parents.

See note to section 2848.

In view of this section and sections 2848, 2927, it is held that the one-fourth interest in the estate of a deceased person, including the interest in the real estate which his mother inherits by section 3027, need not first be exhausted for the payment of debts before resorting to other personal property sufficient for the purpose. Gearhart v. Gearhart, App. -, 119 N. E. 217.

3028. When all to husband or wife.

The act of 1853, which attempted to amend the act of 1852, regulating the descent of property when a husband or wife should die intestate leaving no child and no father or mother, and which was unconstitutional under the decision in the case of Langdon v. Applegate, 5 Ind. 327, was repealed by the act of 1867, which repealed all acts that were not in conformity with the ruling in such case, thereby leaving the act of 1852 in force. Bruns v. Cope, 182 Ind. 289, 105 N. E. 471.

Under this section, where a childless testatrix leaving no father or mother surviving gave her husband a life estate in all her property, with remainder to the children of a named nephew, who survived the husband, the children of the nephew, on election by the husband to take under the law, took only a fee simple title to the undivided two-thirds of the real estate, subject to the life estate. Reeder v. Antrim, 64 App. 83, 110 N. E. 568, 112 N. E. 551.

Where a testatrix leaving neither child nor father nor mother surviving, gave her husband a life estate in all her property with remainder to the children of a nephew surviving the husband, and the husband elected to take under the law, the husband took one-third in fee as the sole heir of his wife under this section, and the children of the nephew took only a fee simple title to the undivided two-thirds subject to the life estate, notwithstanding section 3047. Reeder v. Antrim, 64 App. 83, 110 N. E. 568, 112 N. E. 551.

The word "child" does not necessarily mean a legitimate child, and if there be any irreconcilable conflict between sections 3012, 3028 and 3000 the latter will hold. Shelby v. Brenton, App. 130 N. E. 448.

3029. Widow's rights in real estate.

When a wife joins her husband in the conveyance of land, and the deed is not to be delivered until after the death of both of the grantors and it is so delivered, the wife inherits no interest in the land on the death of the husband. Martin v. Caldwell, 49 App. 1, 96 N. E. 660.

If a man executes a deed for land absolute on its face, but which in fact is a mortgage to secure the payment of a debt, the fee to the land remains in the grantor, and when such debts are paid the grantee in the case has no further

interest in the land and on the death of the grantor the land descends as though the deed had never been executed. Ward v. Tuttle, 54 App. 674, 102 N. E. 405. See note to section 3014.

Notwithstanding the provisions of this section, a wife who accepts a deed from her husband of a life estate, remainder to the husband's children by a former wife, acquires only a life estate in all of the land, and not the fee in one-third and a life estate in two-thirds thereof. Ramsey v. Yount, App., 120 N. E. 618. This section does not prevent a husband from making a conveyance directly to his wife without the intervention of a third party. Ramsey v. Yount, App. 120 N. E. 618.

3033. Widow's rights in case of mortgage for purchase-money.

If a married man executes a mortgage for the purchase-money of land, his wife not joining in the mortgage, the widow of the mortgagor will not have any interest in the land on his death as against the mortgagee and his rights under such mortgage. Simmons v. Parker, 61 App. 403, 112 N. E. 31.

See note to section 3014.

Under this section, a mortgage executed by a husband for the purchase-price of land, the title to which was taken in his own name, is a valid lien on the land, although the wife did not join in the execution thereof. Simmons v. Parker, 61 App. 403, 112 N. E..31.

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In order to prevent a widow from inheriting from her husband because of adultery, she must have abandoned him and be living in adultery at the time of his death; occasional acts of adultery by her will not defeat her right of inheritance. Spade v. Hawkins, 60 App. 388, 110 N. E. 1010.

See note to section 3014.

3036. Husband abandoning and not providing for wife.

Under this section an "abandonment" of wife by husband is the act of leaving the wife without justification with intent of causing a perpetual separation, although it need not continue for any determinate period. Hill v. Taylor, 186 Ind. 680, 117 N. E. 930.

Under this section an abandonment of a wife by her husband does not result from his refusal to follow her to a new residence, or from their separation by mutual agreement. Hill v. Taylor, 186 Ind. 680, 117 N. E. 930.

3037. Wife's rights, in case of conveyances and judicial sales.

See note to section 3014.

Under this section it is held that conveyance of land to an assignee in bankruptcy by the registrar is a "judicial sale” within the meaning of this section. Bowers v. Lillis, 187 Ind. 1, 115 N. E. 930.

Although money advanced by a guardian of an insane husband pursuant to orders of court, was used mostly for the support of the wife and the children and upkeep of realty upon which wife and children resided, the guardian could not under this section acquire a lien on the realty which would supersede or displace the wife's inchoate right. Lawler v. Bear, 188 Ind. 308, 122 N. E. 660. 3042. Widow's election as to jointure.

See note to section 3025.

3043. Widow's election as to devise. See note to section 3014.

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