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AN ACT concerning Descents and Distributions.


1860-110 1862.298

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas:

SECTION 1. The personal property of the deceased, not neces- Distribution. sary for the payment of debts nor otherwise disposed of accord

ing to law, shall be distributed to the same persons and in the same proportions as though it was real estate.

SEC. 2. The distributive shares shall be paid over, as fast as Payment. the executor can properly do so.

SEC. 3. The property itself shall be distributed in kind when- In kind. ever that can be done satisfactorily and equitably. In other cases

the court may direct the property to be sold, and the proceeds to be distributed.


SEC. 4. When the circumstances of the family require it, the Partial distribucourt, in addition to what is set apart for their use, may direct a partial distribution of the money or effects on hand, at any time after filing the inventory, upon the execution of security, like that required of legatees in like cases.

The disposition of Real Property.

SEC. 5. One-half in value of all the real estate, in which the Portion. husband at any time during the marriage had a legal or equitable interest, which has not been sold on execution or other judicial sale, or to which the wife has made no relinquishment of her rights, or which may not be necessary for the payment of the debts of the deceased husband, shall, under the direction of the court, be set apart by the executor as her property in fee simple upon the death of the husband, if she survives him. Continuous co-habitation as husband and wife is presumptive evidence of marriage, for the purpose of giving the right aforesaid.


SEO. 6. Such share shall be so set off as to include the ordi- Includes homenary dwelling house, and the land given by law to the husband as a homestead, or so much thereof as will be equal to the share allotted to her by the last section, unless she prefers a different arrangement. But no different arrangement shall be permitted. where it would have the effect of prejudicing the rights of credi


SEO. 7. The share thus allotted to her may be set off by the How set off.



Aotion of referses




Her right conbested.

Portion and will.



If no issue.

mutual consent of all the parties interested, when such consent can be obtained, or it may be set off by referees appointed by the


SEC. 8. The application for such admeasurment by referees may be made at any time after twenty days, and within ten years after the death of the husband, and must specify the particular tracts of land in which she claims her portion, and ask the appointment of referees.

SEC. 9. The court shall fix the time for making the appointment, and direct such notice thereof to be given to all the parties interested therein as it deems proper.

SEC. 10. The referees may employ a surveyor, if necessary, and they must cause the widow's share to be marked off by metes and bounds, and make a full report of their proceedings to the court, as early as practicable.

SEC. 11. The court may require a report by such a time as it deems reasonable, and if the referees fail to obey this or any other order of the court, it may discharge them and appoint others in their stead, and may impose on them the payment of all costs previously made, unless they show good cause to the contrary.


SEC. 12. The court may confirm the report of the referees, or may set it aside and refer the matter to the same or other referees, at its discretion.

SEO. 13. Such confirmation, after the lapse of thirty days, unless appealed from according to law, shall be binding and conclusive as to the admeasurement, and she may bring suit to obtain possession of the land thus set apart for her.

SEC. 14. Nothing in the last section shall prevent any person interested from controverting the general rights of the widow to the portion thus admeasured.

SEC. 15. The widow's portion cannot be affected by any will of her husband, if she objects thereto and relinquishes all rights conferred upon her by the will.

SEC. 16. Subject to the rights and charges hereinbefore contemplated, the remaining estate of which the decedent died seized, shall, in the absence of other arrangements by will, descend in equal shares to his children.

SEC. 17. If any one of his children be dead, the heirs of such child shall inherit his share in accordance with the rules herein prescribed, in the same manner as though such child had outlived. his parent.

SEC. 18. If the intestate leaves no issue, the whole of his es

tate shall go to his wife, and, if he leaves no wife nor issue, the

whole shall go to his father.

SEC. 19. If his father be previously dead, the portion which Representation. would have fallen to his share by the above rules, shall be disposed of in the same manner as though he had outlived the intestate and died in the possession and ownership of the portion thus falling to his share, and so on through each ascending ancestor and his issue, unless heirs are sooner found.

SEC. 20. If heirs are not found in the male line, the portion Female line. thus uninherited shall go to the mother of the intestate and to her heirs, following the same rules as above prescribed.


SEC. 21. If heirs are not thus found, the portion uninherited Who wife to inshall go to the wife of the intestate or to her heirs, if dead, according to like rules; and, if he has had more than one wife, who either died or survived in lawful wedlock, it shall be equally divided, between the one who is living and the heirs of those who are dead, or between the heirs of all, if all are dead, such heirs taking by right of representation.

SEC. 22. If, still, there be property remaining uninherited, it Eschest. shall escheat to the Territory.


SEC. 23. Illegitimate children inherit from the mother, and Illegitimate chilthe mother from the children.

SEC. 24. They also inherit from the father whenever they have Same. been recognized by him as his children, but such recognition must have been general and notorious, or else in writing.

SEC. 25. Under such circumstances, if the recognition of rela- Samo. tionship has been mutual, the father may inherit from his illegitimate child.

SEC. 26. But in thus inheriting from an illegitimate child, the Rule in such cases rule above established must be inverted so that the mother and her heirs take preference of the father and his heirs, the father having the same right of inheritance in regard to an illegitimate child that the mother has in regard to one that is legitimate.

SEO. 27. Property given by an intestate, by way of advance- Advancement. ment to an heir, shall be considered part of the estate, so far as regards the division and distribution thereof, and shall be taken by such heir towards his share of the estate, at what it would now be worth if in the condition in which it was so given to him.

SEC. 28. But, if such advancement exceeds the amount to which Same. he would be entitled, he cannot be required to refund any portion thereof.

SEC. 29. All the provisions hereinbefore made, in relation to Husband to have


the widow of a deceased husband, shall be applicable to the husband of a deceased wife. Each is entitled to the same rights or portion in the estate of the other, and like interests shall in the same manner descend to their respective heirs. The estate of dower and by courtesy are hereby abolished.

SEC. 30. Children of the half-blood shall inherit equally with children of the whole blood. Children of a deceased parent enherit in equal proportions the portion their father or mother would have inherited, if living.

SEC. 31. This act to take effect and be in force from and after the first day of June next.

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Marriages prohibited by law void.

Marriages by force or frand may be declared void.

When marriages shall not be void.


AN ACT concerning Divorce and Alimony.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas:

SECTION 1. All marriages which are prohibited by law, on account of consanguinity between the parties, or on account of either of them having a former husband or wife then living, shall, if solemnized within this Territory, be absolutely void, without any decree of divorce or other legal proceedings.

SEC. 2. When either of the parties to a marriage, for want of age or understanding, shall be incapable of assenting thereto, or when the consent of either shall have been obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be void, from the time its nullity shall be declared by a court of competent authority.

SEC. 3. In no case shall a marriage be adjudged a nullity on the ground that one of the parties was under the age of legal consent, if it shall appear that the parties after they had attained such age, had for a time freely cohabited together as husband and

wife, nor shall the marriage of any insane person be adjudged void after his restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife, after such insane person was restored to a sound mind.

divorce, when

SEC. 4. When a marriage is supposed to be void, or the validi- Proceedings for ty thereof is disputed for any of the causes mentioned in the two supposed void. preceding sections, either party may file a petition in the district court of the county, where the parties or one of them resides for annulling the same, and such petition shall be filed and proceeding shall be had thereon, as in the case of proceedings in said court for a divorce, and, upon due proof of the nullity of the marriage, it shall be adjudged null and void.

SEC. 5. The district [court,] in the county where the plaintiff Jurisdiction. resides, has jurisdiction of all cases of divorce and alimony, and of guardianships connected therewith.

must state.

SEC. 6. The petition for divorce, in addition to the facts on what petition account of which the plaintiff claims the relief sought, must state that he has been for the last six months a resident of the Territory, and that the application is not made through fear or restraint, or out of any levity or collusion with the defendant, but in sincerity and truth for the purpose set forth in the petition. It must also be sworn to by the plaintiff.

SEC. 7. Divorces from the bonds of matrimony may be decreed against the husband in the following cases: First, When the defendant at the time of his marriage was impotent: Second, When he had a lawful wife then living: Third, When he has committed adultery subsequent to the marriage: Fourth, When he willfully deserts his wife and absents himself without a reasonable cause for the space of one year: Sixth, When after marriage he becomes addicted to habitual drunkenness: Seventh, When he is guilty of such inhuman treatment as to endanger the life of his wife.

when divorce

from the bonds of matrimony may


decreed against


SEC. 8. The husband may in all cases obtain a divorce from Samo against wife the wife for like causes.

SEC. 9. If the defendant does not appear and answer the petition at the proper time, the court, if satisfied that the complainant is the injured party, may decree a dissolution of the marriage contract, or when the defendant can be found, it may, in its discretion, bring him in by attachment and compel him to answer.

Defendant not brought into

appearing may be

court to answer.

in relation to

SEC. 10. When a divorce is decreed, the court may make such Court make order order in relation to the children and property of the parties, and children. the maintenance of the wife, as shall be right and proper. Sub

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