leaving a father and mother, or either of them, then his or her property, real and personal, shall descend three-fourths to the widow or widower, and one-fourth to the father and mother jointly, or to the survivor of them: Provided, That if the whole amount of property, real and personal, do not exceed one thousand dollars, the whole shall go to such widow or widower.

This section applies to property received by the intestate by gift, when the estate does not exceed one thousand dollars. Thomas v. Thomas, 18 Ind. 9. See Fountaine v. Houston, 86 Ind. 205.

The beneficiary in a policy of life insurance has such an interest therein as will descend to his heirs on his death, although the insured be still alive. Hutson . Merrifield, 51 Ind. 24.

A decedent is regarded as dying intestate as to property not disposed of by will, although some portion of his property is devised. Waugh v. Riley, 68 Ind. 482; Thomas v. Thomas, 108 Ind. 576; Collins v. Collins, 126 Ind. 559.

If a husband conveys lands to his wife as a gift, and she dies intestate and without issue, all of such lands will revert to him although such wife may leave parents surviving her. Fontaine v. Houston, 86 Ind. 205.

If the share given by this section to the parents is sold to pay the debts of the decedent, the share of the widow will not thereby be reduced, nor can her share in any event be reduced below one-third. Matthews v. Pate, 93 Ind. 443.

2651. (2490.) When all to husband or wife.-26. If a husband or wife die intestate, leaving no child and no father or mother, the whole of his or her property, real and personal, shall go to the survivor.

When a husband or wife dies intestate, leaving no child or father or mother, the entire estate descends to the survivor. Kyle v. Kyle, 18 Ind. 108; Sullivan v. McGowen, 33 Ind. 139; Lindsay v. Lindsay, 47 Ind. 283; Waugh v. Riley, 68 Ind. 482.

A decedent is regarded as dying intestate as to all property not disposed of by will. Lindsay v. Lindsay, 47 Ind. 283; Waugh v. Riley, 68 Ind. 482; Thomas v. Thomas, 108 Ind. 576; Collins v. Collins, 126 Ind. 559.

If

husband dies leaving a will making provision for his widow, and she elects to take under the law, and the fee in the remainder of the lands is not to vest until her death, she will take one-third in fee and a life-estate in the remainder. Rusing v. Rusing, 25 Ind. 63; Dale v. Bartley, 58 Ind. 101; Cool v. Cool, 54 Ind. 225.

If lands are conveyed by a husband to his wife in lieu of her interest in his estate as his widow, she is not thereby prevented from claiming his entire estate under this section. Glass v. Davis, 118 Ind. 593.

If a widow elects to take under the law instead of under the will of the husband, and he leaves no children or parents, she will take whatever estate is left undisposed of by will. Morris v. Morris, 119 Ind. 341.

If the intestate leaves the descendants of a child estate from going to the surviving husband or wife.

living this will prevent the whole Kyle v. Kyle, 18 Ind. 108.

2652. (2491.) Widow's rights in real estate.-27. A surviving wife is entitled, except as in section seventeen [§ 2483] excepted, to one-third of all the real estate of which her husband may have been seized in fee-simple at any time during the marriage, and in the conveyance of which she may not have joined, in due form of law, and also of all lands in which her husband had an equitable interest at the time of his death: Provided, That if the husband shall have left a will,

the wife may elect to take under the will instead of this or the foregoing provisions.

See section 2666.

On the death of a husband his widow takes an absolute interest in all lands owned by the husband during the marriage, in the conveyance of which she did not join. Verry v. Robinson, 25 Ind. 14; Hendrix v. McBeth, 87 Ind. 287; Unfried v. Heberer, 63 Ind. 67; Brannon v. May, 42 Ind. 92; Johnson v. Miller, 47 Ind. 376; Foltz v. Wert, 103 Ind. 404; Davis v. Hutton, 127 Ind. 481.

The widow does not take under this section as heir of the husband, but by virtue of her marital rights. Bowen v. Preston, 48 Ind. 367; Brannon v. May, 42 Ind. 92; Johnson v. Miller, 47 Ind. 376; Hendrix v. McBeth, 87 Ind. 287; McKinney v. Smith, 106 Ind. 404.

A widow has an interest in the land in which her husband has an equitable interest at his death. Ketchum v. Schicketanz, 73 Ind. 137.

A widow under this section is regarded as a purchaser for value, and she is not affected by secret trusts of which she has no knowledge. Richardson v. Shultz, 98 Ind. 429; Derry v. Derry, 74 Ind. 560.

A widow who is a second and childless wife is entitled to one-third of the lands conveyed by the husband during the marriage, although he may leave children of a previous marriage. Slack v. Thacker, 84 Ind. 418; Hendrix v. McBeth, 87 Ind. 287.

This section does not apply where the husband was divested of his title before this section took effect. Taylor v. Sample, 51 Ind. 423.

If a husband has only an equitable interest in land and disposes of the same before his death, his widow will have no interest in such land. Butler v. Holtzman, 55 Ind. 125.

A widow is not entitled to any interest in the improvements made upon lands conveyed by her husband, between the time of the conveyance and the death of the husband. Davis v. Hutton, 127 Ind. 481.

The inchoate interest of a wife in the lands of the husband can only be conveyed when the husband parts with his interest therein. McCormick v. Hunter, 50 Ind. 186. The interest in lands taken by a widow under this section is subject to liens on such lands existing at the time of her marriage. Armstrong v. McLaughlin, 49 Ind. 370. If a husband conveys lands and afterwards a judgment is rendered against him and his wife quieting the title to such lands, on his death she will not have any interest in the lands. Tanguey v. O'Connell, 132 Ind. 62.

2653. (2492.) Dwelling-house, use of for a year.-28. A surviving wife and minor children shall, in all cases, be allowed to remain in the ordinary dwelling-house of the family, and to occupy the same and the messuage thereunto appertaining, and fields adjacent, if any, not exceeding forty acres, free of rent, for one year from the death of her husband.

The rights given by this section are confined to buildings or rooms used for residence purposes. Williamson v. Ash, 7 Ind. 495.

If the guardian of the minor children removes them from the dwelling-house before the expiration of the year, he can not recover from the widow any part of the rental value of the premises for such year. Weaver v. Low, 29 Ind. 57.

The widow and minor children are entitled to the fruits, products and crops that naturally ripen and mature on the lands given to them by this section, during the year that they are entitled to possession of such lands. Swain v. Bartlow, 62 Ind. 546; Jones v. Jones, 81 Ind. 292; Hoover v. Agnew, 91 Ind. 370.

A widow who was a second wife has the same rights under this section as a widow who was a first wife. Hoover v. Agnew, 91 Ind. 370.

2654. (2493.) Widow's rights in equitable titles.-29. If the husband shall have made a contract for lands, and, at the time of his decease, the consideration in whole or in part shall not have been paid, but after his death the same shall be paid out of the proceeds of his estate, his widow shall have one-third of said lands in the same manner as if the legal estate had vested in the husband during coverture. The widow is entitled to her share of the land when the remaining portion is sufficient to pay the unpaid purchase-money. Bowen v. Lingle, 119 Ind. 560.

The lien of a vendor for unpaid purchase-money is superior to the rights of a widow. Keith v. Hudson, 74 Ind. 333; Walters v. Walters, 73 Ind. 425; McCaffrey v. Corrigan, 49 Ind. 175; Nutter v. Fouch, 86 Ind. 451.

If a husband holds an equitable interest in lands, and conveys the same before his death, his widow will have no interest therein. Butler v. Holtzman, 55 Ind. 125.

2655. (2494.) Widow's rights-When equitable title is sold.―30. If the husband shall have made a contract, subsisting at the time of his death, for real estate, and paid only part of the consideration, and said real estate shall be sold after his death under any decree, or by virtue of any power or devise in the will of the husband, the widow shall be entitled to her third of such real estate, in proportion to the amount paid under said contract by the said husband.

When the husband has paid only a part of the purchase money, the widow is entitled to her share in proportion to the amount paid. Carver v. Grove, 68 Ind. 371; Keith r. Hudson, 74 Ind. 333.

2656. (2495.) Widow's rights, in case of mortgage for purchase money.-31. Where a husband shall purchase lands during marriage, and shall, at the time of purchase, mortgage said lands to secure the whole or part of the consideration therefor, his widow, though she may not have united in said mortgage, shall not be entitled to her third of such lands as against the mortgagee or persons claiming under him; but she shall be entitled to the same as against all other persons.

If a husband alone executes a purchase-money mortgage on lands and his wife is not made a party to a suit to foreclose the same, she has a right of redemption after the death of the husband. Fletcher v. Holmes, 32 Ind. 497; May v. Fletcher, 40 Ind. 575. The widow has a right to have such mortgage paid out of the estate of the husband in preference to the payment of his general debts. Morgan v. Sackett, 57 Ind. 580; Sparrow v. Kelso, 92 Ind. 514; Bowen v. Lingle, 119 Ind. 560.

The execution of a new mortgage will not extinguish the lien of a prior purchasemoney mortgage when the debt is not paid, and the parties did not intend to extinguish such lien. Walters v. Walters, 73 Ind. 425.

A widow has no interest in lands mortgaged by the husband to secure the purchasemoney as against the mortgagee, and where she is not a party to a foreclosure suit, she may be required to assert her right of redemption within a fixed time. Baker . MeCune, 82 Ind. 339; Bowman v. Mitchell, 97 Ind. 155.

The lien of such a mortgage is not barred until twenty years from the time the cause of action accrues. Leonard v. Binford, 122 Ind. 200.

A mortgage given by a husband alone to secure the payment of money advanced to pay off liens on lands stands upon the same footing as a mortgage given for purchasemoney. Butler v. Thornburg, 131 Ind. 237.

2657. (2496.) Adulterous wife.-32. If a wife shall have left her husband, and shall be living, at the time of his death, in adultery, she shall take no part of the estate of her husband.

A single act of adultery by a wife who is living apart from her husband at the time of his death will not prevent her from sharing his estate. Gaylor v. McHenry, 15 Ind. 383. To deprive a widow of her interest in the estate of her husband, she must have abanboned him and be living in adultery at the time of his death. Shaffer v. Richardson, 27 Ind. 122; Wiseman v. Wiseman, 73 Ind. 112; Zeigler v. Mize, 132 Ind. 403.

If a wife abandons her husband and is living in adultery at the time of his death, she will take no portion of his estate. Owen v. Owen, 57 Ind. 291; Goodwin v. Owen, 55 Ind. 243.

2658. (2497.) Adulterous husband.-33. If a husband shall have left his wife, and shall be living, at the time of her death, in adultery, he shall take no part of her estate.

If a husband abandons his wife and is living in adultery at the time of her death he will take no part of her estate. Bradley v. Thixton, 117 Ind. 255.

2659. (2498.) Husband abandoning, and not providing for wife.34. If a husband shall abandon his wife without just cause, failing to make suitable provision for her, or for his children, if any, by her, he shall take no part of her estate.

If a husband abandons his wife without cause and makes no provision for her support, he will take no part in her estate. Hinton v. Whittaker, 101 Ind. 344.

2660. (2499.) Wife's rights, in case of conveyances and judicial sales.-35. No act or conveyance, performed or executed by the husband without the assent of his wife, evidenced by her acknowledgment thereof in the manner required by law; nor any sale, disposition, transfer or incumbrance of the husband's property, by virtue of any decree, execution or mortgage to which she shall not be party (except as provided otherwise in this act), shall prejudice or extinguish the right of the wife to her third of his lands or to her jointure, or preclude her from the recovery thereof, if otherwise entitled thereto.

See section 2669.

Mortgages, other than for purchase-money, executed by the husband alone, will not affect the interest of his wife in the mortgaged lands. Verry v. Robinson, 25 Ind. 14. A husband can not by the execution of a contract to convey his lands, deprive his wife of the interest given her in such lands by law. Grissom v. Moore, 106 Ind. 296.

2661. (2500.) Wife barred by ante-nuptial provision.-36. Whenever an estate in lands shall be conveyed to a person and his intended. wife, or to such intended wife alone, or to any person in trust for such intended wife, for the purpose of creating a jointure for such intended wife; or whenever, for the same purpose, a pecuniary provision shall be made for the benefit of the intended wife-the same shall be a bar to the right or claim of such wife in lands of her husband: Provided, The intended wife, at the time of the creation of such jointure, signified, in writing, indorsed upon or attached to the deed creating said jointure, her assent to receive the same in lieu of all right or claim of such wife in the lands of the husband.

If a valid ante-nuptial contract is made defining the rights of the wife, she will not be entitled to the personal estate given absolutely by statute to a widow. Shaffer v. Matthews, 77 Ind. 83.

A contract between a husband and wife by which she relinquishes her rights in his real estate must be in writing, and must be executed in strict conformity with the statute. Rainbolt v. East, 56 Ind. 538; Randles v. Randles, 63 Ind. 93.

A contract executed in accordance with this section creating a life-estate in the wife to lands, is such an estate as can not be divested by a parol contract. Craig v. Craig, 90 Ind. 215.

If by such a contract the interest of a wife in the lands of the husband is limited to a life-estate in one-third thereof, she can not claim a fee in any portion of such lands. Shaffer v. Shaffer, 90 Ind. 472.

A husband and wife may by a parol contract control the interest that each shall have in the personal estate of the other. Houghton v. Houghton, 14 Ind. 505; Rainbolt v. East, 56 Ind. 538.

2662. (2501.) Husband barred by ante-nuptial provision.—37. Whenever an estate in lands or other property shall be conveyed to a woman and her intended husband or to such intended husband alone, as an equivalent for or in lieu of all right or claim of the said intended. husband in the lands of his future wife, the same shall be a bar to such right or claim: Provided, The intended husband, at the time of the execution of such conveyance, signified, in writing indorsed upon or attached to said conveyance, his assent to receive the same in lieu of all right or claim of such husband in the lands of the wife.

In order to bar a husband from claiming his interest in the estate of his wife he must have executed a contract that he could not revoke. Daubenspeck v. Biggs, 71 Ind. 255.

2663. (2502.) Wife's jointure.-38. The jointure of the wife, if consisting of real estate, must not be less than a freehold estate in lands, to take effect, in possession or profit, immediately on the death of the husband.

2664. (2503.) Infant wife's jointure.-39. The assent of the wife to such jointure, if she be an infant, shall not be valid, unless her father (or if there be no father alive, then the mother; or if there be no mother, then the guardian) shall join therein.

2665. (2504.) Widow's election as to jointure.-40. If before her coverture, but without her assent, or if after her coverture, any such jointure or pecuniary provision shall be assured or given for her jointure, in lieu of her right to one-third of the lands of her husband, she shall make her election, within one year after the death of her husband, whether she will take such jointure or pecuniary provision, or whether she will retain her right to one-third of the lands of her husband; but she shall not be entitled to both.

This section is to be construed in connection with other sections providing for making a provision for a wife in lieu of the interest in the estate of her husband given by law. Randles v. Randles, 63 Ind. 93.

2666. (2505.) Widow's election as to devise.-41. If lands be devised to a woman, or a pecuniary or other provision be made for her by the will of her late husband, in lieu of her right to lands of her