tice of her claim and the filing of such inventory to be published for three successive weeks in some newspaper published in such county and of general circulation in the township where deceased resided at the time. of his death; or she may give such notice by posting one copy of such notice at the door of the court house where such claim is pending, and one at each of three public places in the township where deceased resided at the time of his death, which notice shall be published or posted in the week following the filing of such inventory, and shall give the date, not less than fifty-one nor more than sixty days from the filing of such inventory on which the decree vesting such property in the widow will be entered.

This act amends section 2576, Burns' R. S. 1901. See note to such section. When the estate of a decedent does not exceed five hundred dollars and the same is set off to the widow, she is invested with an absolute title to the land included in the estate and her subsequent marriage does not prevent a conveyance of such land. Odell v. Reynolds, 156 Ind. 253.

2577. Creditors contesting, reappraisement.-195. That any creditor, heir or legatee of such decedent may, at such succeeding term of court or within fifty days after the filing of such inventory, file in the proper court his verified petition contesting any of the material facts set forth in such inventory and appraisement, thereby showing that the said estate was improperly valued and that estate was of a value in excess of five hundred dollars, or that property of said estate was not included in the inventory, which, if properly valued, would make the value of the estate in excess of five hundred dollars; in such case the court shall appoint two other disinterested householders of the county, who shall proceed to re-appraise said estate under the same regulations as in the case of the first appraisement and shall make report thereof within ten days unless for good reason longer time be given; and if said appraisers find such estate not to be worth over five hundred dollars, such proceedings shall be dismissed at the cost of the petitioner. And if, at any time, any executor or administrator shall discover that the whole estate of the decedent is not worth over five hundred dollars and the widow of the deceased be living and entitled to share in his estate, he shall so report to the court, when, after deducting expenses of administration, the court shall enter a decree vesting the whole of such estate in the widow and for the delivery to her of all assets of the estate in the hands of such administrator or executor and the revoking of their letters.

This section amends section 2577, Burns' R. S. 1901.

ARTICLE 16.-LIABILITY OF HEIRS AND DEVISEES.

SEC.

2597. Liability of heirs, devisees and distributees.

2597. Liability of heirs, devisees and distributees.

If a claim arises out of a breach of a covenant in a deed executed by a decedent, after the settlement of his estate, his heirs will be liable for the payment of such claim to the extent of the property received by them from the estate. Whittern v. Krick, 31 App. 577.

ARTICLE 17.-APPEAL TO SUPREME COURT.

SEC.

2609. Appeal, how taken, bond.

2609. Appeal, how taken, bond.

An appeal in an action brought to recover the assets of an estate is not governed by the statute regulating the settlement of estates, but is controlled by the provisions of the civil code. Mark v. North, 155 Ind. 575.

In order that an appeal will be governed by the statute regulating the settlement of estates, the probate jurisdiction of the court must be invoked. Baker v. Edwards, 156 Ind. 53; Rogers v. State, 26 App. 144.

An appeal in an action to establish and admit to probate an alleged will, is not governed by the statute regulating the settlement of estates. Morell v. Morell, 157 Ind. 179.

If the claim of an administrator for services is disallowed and he appeals, the appeal is governed by the statute regulating the settlement of estates. Moore v. Ferguson, 163 Ind. 395.

If the claim of an administrator is disallowed and he appeals, he must make himself as the administrator of the estate an appellee. Moore v. Ferguson, 163 Ind. 395.

If a person filing a claim against an estate appeals from the judgment, he must file an appeal bond or the appeal will be dismissed. Dallam v. Stockwell Estate, 33 App. 620.

ARTICLE 18.-SUITS ON BONDS.

SEC.

2613. Suits on bonds.

2613. Suits on bonds.

An administrator de bonis non may sue on the bond of a prior administrator, Sheeks v. State, 156 Ind. 508; Michigan Trust Co. v. Probasco, 29 App. 109.

CHAPTER 7.

DESCENT.

Section numbers to notes refer to Revised Statutes of 1901

If a man marries the mother of an illegitimate child and acknowledges it as his own, such child will inherit from its father, although such marriage occurs in another state. Franklin v. Lee, 30 App. 31.

[Acts 1903, p. 152. In force April 23, 1903.]

2635a. Escheated land in Lawrence and Monroe counties.-1. That in all cases where lands located in Lawrence or Monroe county have escheated, or hereafter shall escheat to the state for want of heirs or kindred entitled to the inheritance, such lands shall not be sold by the board of commissioners of the county where such estate is situated, but the title to all of such lands shall be and remain in the State of Indiana, and such lands shall be devoted to educational purposes.

2635b. Indiana University controls.-2. The control and management of all such lands shall be vested in the Trustees of Indiana University, and such lands may be used by said trustees for any proper educational purposes.

2635c. Use of land, designation.-3. Said Board of Trustees may in its discretion set off any portion of such grounds to the use of the State Board of Forestry or to that of Purdue University, or any other educational or scientific institution of the State.

2640. Widow, interest in land.

The wife of a man has an inchoate interest in his land which becomes absolute on his death or the divesting of his title by a judicial sale. Baldwin v. Heil, 155 Ind. 682; Higgins v. Ormsby, 156 Ind. 82.

A wife may contract for the extinguishment of her inchoate interest in the lands of her husband and the consideration received therefor will be her own separate property. Higgins v. Ormsby, 156 Ind. 82.

When a husband dies seized of land his widow takes her interest therein as his heir. Turner v. Heinberg, 30 App. 615.

2641. Widow remarrying, conveyance.

If a widow inherits land from her husband and she has a child or children alive by him and she remarries, such land on her death during such marriage will descend to such child or children, and she can not during such marriage by any act deprive such children of their rights without their consent. Baker v. Edwards, 156 Ind. 53; Maynard v. Waidlich, 156 Ind. 562; Pond v. Wood, 32 App. 28.

If a widow conveys land after her remarriage which she is prohibited by statute from conveying and receives other land in exchange, her children by her first marriage will, on her death, inherit the land conveyed and also the land conveyed to the widow in exchange. Pond v. Wood, 32 App. 28.

If a widow conveys land which she is restricted from conveying because of her remarriage, and the vendee obtains a decree against her quieting his title to the land she will be bound by the decree. Maynard v. Waidlich, 156 Ind. 562.

When the estate of a man does not exceed $500 and the same is set off to his widow and she remarries, she may convey land included in such estate, although she may have children alive by her first husband. Odell v. Reynolds, 156 Ind. 253.

If a husband fails to elect to take under the will of his wife one third of her real estate will descend to him. Lahr v. Ulmer, 27 App. 107.

If a married woman disposes of all her estate by will, her husband by acceptance of the provisions of the will may prevent any portion of her estate vesting in him. Traudt v. Hagerman, 27 App. 150.

If a husband and wife mortgages her land to secure money loaned for his benefit, and by the mortgage he agrees to pay the debt, the interest in the land descending to him on her death should be first applied in payment of the mortgage. Herbert v. Rupertus, 31 App. 553.

If a husband joins his wife in a mortgage of her land and by the mortgage agrees to pay the debt secured, and such land is sold by her administrator to pay the mortgage, such husband will have no interest in the land as against the purchaser at such sale. Pearson v. Kepner, 29 App. 92.

If a married woman is divested of her title to land during her life, her husband will not have any interest in the land on her death. Turner v. Heinberg, 30 App. 615.

2648. Widow's interest in personal estate.

If a widow desires to accept the provisions of a will bequeathing to her personal property in lieu of the amount given her by statute, she must make such acceptance in writing and sign and acknowledge the same before an officer authorized to take the acknowledgment of deeds, within the time fixed by statute. Miller v. Stephens, 158 Ind. 438; Hunt v. Hinshaw, 33 App. 75.

If an attempted election of a widow to accept the provisions of a will is invalid her personal representative may object to such election and have the same set aside. Miller v. Stephens, 158 Ind. 438.

When a man dies testate without issue, leaving neither father or mother, a refusal of his widow to accept the provisions of the will does not entitle her to claim all his personal estate. Murphey v. Brown, 159 Ind. 106.

2651. When all to husband or wife.

If a husband dies intestate, leaving no children or father or mother, his widow takes all his estate. Haugh v. Smelser, 31 App. 571.

2652. Widow, rights in real estate.

The wife of a man may, during his life, extinguish her inchoate interest in his land. Higgins v. Ormsby, 156 Ind. 82.

When the equitable interest of a husband in land is sold under a decree for purchase money, his widow has no interest in the land on his death. Schaefer v. Purviance, 160 Ind. 63.

If the land of a husband is sold in partition proceedings, his widow on his death will not have any interest in the land, although she was not a party to such proceedings. Wagner v. Carskadon, 28 App. 573.

2656. Purchase money, interest of widow.

The wife of a purchaser of land has no interest in the land as against the lien of the vendor for purchase money, and she is not a necessary party to a suit to foreclose such lien. Sarver v. Clarkson, 156 Ind. 316.

2660. Judicial sale, interest of wife.

If the interest of a husband in land is sold in proceedings for partition, his widow will not have any interest in such land at his death, although she was not a party to the partition proceedings. Wagner v. Carskadon, 28 App. 573.

2661. Wife barred by ante-nuptial contract.

The execution by a man and woman in contemplation of marriage of a contract by which each relinquishes all claims to the property of the other at death, does not create a jointure in favor of the wife so as to bar her claims as widow when no property is described nor conveyances executed. Repp v. Lesher, 27 App. 360.

2666. Widow's election as to devise.

If the will of a husband makes provision for his widow and she takes under the will, such will is not to be construed as disposing of any of the property held by such widow in her own name unless it clearly appears by such will that the testator intended that if the widow accepted the provisions of the will that such property should be subject to the will. Cameron v. Parish, 155 Ind. 329.

If a widow desires to accept the provisions of a will bequeathing to her personal estate, she must make and acknowledge such acceptance in writing in the same manner as she is required to elect in case of the devise of real estate.

Stephens, 158 Ind. 438.

Miller v.

If a widow elects to take under a will, she will waive her claim to $500 of personal estate given her by statute if by making such claim the intention of the testator will be defeated. Whetsell v. Louden, 25 App. 257.

If a widow dies before the will of her husband is admitted to probate, her admin