gage liens existing against it at the time of the marriage (Armstrong v. McLaughlin, 49 Ind. 370); and to such liens accruing after coverture, if they be for purchase-money (Fletcher v. Holmes, 32 Ind. 497); and to those put upon it afterward for any purpose, if signed by her (Watson v. Clendennin, 6 Blackf. 477).

5. The election of the widow herein is entirely personal to her; a guardian can not make it. Heavenridge v. Nelson, 56 Ind. 90.

2492. Quarantine. 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.

1. The surviving wife and minor children, or the wife alone if the children be taken from her, are entitled to occupy the messuage and dwelling-house one year, rent free.— Weaver. Lowe, 29 Ind. 57; Swain v. Bartlow, 62 id. 546.

2. The right is confined exclusively to the dwelling-house; it does not include a store-room, though it be in the same building.-Williamson v. Ash, 7 Ind. 495.

2493. Widow's rights. 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 the coverture.

2494. Widow's rights. 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.

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.

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.

1. A wife living in adultery at the time of her husband's death, away from him, is wholly barred.— Goodwin v. Owen, 55 Ind. 243; Owen . Owen, 57 id. 291.

2. The adulterous wife must have left her husband; that he had left her is not sufficient. Shaffer v. Richardson, 27 Ind. 122.

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.

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.

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.

1. A mortgage executed on his lands by the husband alone, during coverture, unless for purchase money, does not bar the wife's interest upon his death.- Verry v. Robinson, 25 Ind. 14.

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.

1. This section and section 2504 must be construed together, and are so construed in Randles v. Randles, 63 Ind. 93.

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.

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. 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.

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 onethird of the lands of her husband; but she shall not be entitled to both.

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 husband, she shall take under the will of her late husband, unless she shall make her election whether she will take the lands so devised, or the provision so made, or whether she will retain the right to one-third of the land of her late husband; but she shall not be entitled to both, unless it plainly appear by the

will to have been the intention of the testator that she should have such lands, or pecuniary or other provision thus devised or bequeathed in addition to her rights, in the lands of her husband. Such election shall be in writing, signed by such woman and acknowledged before some officer authorized to take the acknowledgment of deeds, and shall be made within one year after said will has been admitted to probate in this State, and be filed and recorded in the office of the Clerk of the Circuit Court in which such will is probated and recorded by such Clerk in the record of wills, reference being made from such record to the book and page in which the will is recorded and from the record of the will to the book and page in which such election is recorded. [As amended by act in force July 18, 1885. S., p. 239.

1. For construction of corresponding section in Act of Descent of 1843 (which is in the same words and terms), see Smith v. Baldwin, 2 Ind. 404; Young v. Pickens, 49 id. 23. 2. Mining royalties are real estate, and the widow is entitled to the same interest therein, upon the death of her husband, as in other lands.-Hendrix v. McBeth, 61 Ind. 473.

2506. Reviver of rights by loss of jointure. 42. If a woman be lawfully evicted of lands assigned to her as jointure, or be deprived of provision made for her as jointure; or if a man be lawfully evicted of lands or deprived of other property conveyed to him in nature of a jointure,which assignment, provision, or conveyance had barred her or his right in the lands of her husband or of his wife, as the case may be, then her or his right to a third of said lands shall revive and be in force.

2507. Alienage of wife. 43. The alienage of any woman shall not bar her right to one-third of her husband's lands, if her husband was a citizen of the United States, or if, being an alien, he had complied with the laws of this State to entitle him to hold lands.

[1875, p. 178. In force August 24, 1875.]

2508. Wife's right upon judicial sales. I. In all cases of judicial sales of real property in which any married woman has an inchoate interest by virtue of her marriage, where the inchoate interest is not directed by the judgment to be sold or barred by virtue of such sale, such interest shall become absolute and vest in the wife in the same manner and to the same extent as such inchoate interest of a married woman now becomes absolute upon the death of the husband, whenever, by virtue of said sale, the legal title of the husband in and to such real property shall become absolute and vested in the purchaser thereof, his heirs or assigns, subject to the provisions of this Act, and not otherwise. When such inchoate right shall become vested under the provisions of this Act, such wife shall have the right to the immediate possession thereof; and may have partition, upon agreement with the purchaser, his heirs or assigns, or upon demand, without the payment of rent, have the same set off to her.

1. The wife of the grantee of lands incumbered by mortgage in which she joined has no inchoate rights against the mortgagee. She may redeem.-Kissel v. Eaton, 64 Ind. 248.

2. A conveyance to an assignee in bankruptcy is a judicial sale within the meaning of this section.-Roberts v. Shroyer, 68 Ind. 64.

3. This Act is constitutional and applies to contracts made before as well as after its passage.-Taylor v. Stockwell, 66 Ind. 505.

4. No demand is necessary by the wife before partition is sued for.-McCracken v. Kuhn, 73 Ind. 149.

2509.. When not applicable. 2. The provisions of this Act shall not apply to sales of real estate upon judgments rendered prior to the taking effect of this Act; nor to any sale of real property of the value of twenty thousand dollars and over; nor to the sale of such real property of the aggregate value of twenty thousand dollars and over,-except to so much of such real property as shall not exceed in value the sum of twenty thousand dollars.

2510. Who inherits from wife. 3. If any married woman shall die, holding real property vested in her by the provisions of this Act, during the existence of the marriage in virtue of which she received the same, the whole of such real property shall descend to her surviving husband; and if any woman shall marry a second or any subsequent time, holding real property vested in her by the provisions of this Act, such woman may not, during such second or subsequent marriage, either with or without the assent of her husband, alienate such real estate; and if, during such marriage, such wife shall die, such real estate shall descend to her children by the marriage in virtue of which such real estate came to her, if any there be. 2511. Price on execution sale. 4. No real property in which any married woman holds such inchoate interest as is provided for in this Act, liable to be sold with benefit of appraisement laws of the State, shall be sold on any execution or order of sale issued out of any Court for less than four-ninths of the appraised cash value thereof, exclusive of liens and incumbrances.

[1899 S., p. 131. Approved February 24, 1899.]

2511a. Personal property to widow and children.

1. That if a man

die intestate, leaving a widow and child or children, not exceeding two, the personal property of such intestate shall be equally divided among the widow and children, the widow taking an equal share with one child, but if the number of children exceed two, the widow's share shall not be reduced below one third of the whole.

2511b. Childless second wife. 2. If a man die intestate leaving surviving him a second or other subsequent wife without children by him, but leaving a child or children or their descendants alive, by a previous wife, such surviving childless, second or other subsequent wife, shall take only a life estate in one third of the lands of her deceased husband, and the fee thereof shall at th death of such husband vest at once in such child or children, or the descendants of such as may be dead, subject only to the life estate of such widow. [As amended 1901 S., p. 554. Approved March 11, 1901.

2511c. Conveyance in fee by children.

3. In all cases where, dur

ing the life of the second or subsequent childless wife and after the death of the husband, the children of the latter by former wife have executed or attempted to execute conveyances in fee, to all or any part of the lands affected by the life estate and have received payment therefor, or where all or any part of such lands have been conveyed for a valuable consideration by the guardians of any such children, such conveyances shall at the death of such second or subsequent childless wife, 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.

2511d. Conveyance valid. 4. In all cases where, after the death of such husband, the second or subsequent childless wife and the children of the decedent by a former wife, or their guardians, have attempted to dispose of the life-estate or any interest in the whole or certain parts of the lands of said decedent by conveyances 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 in any way affect any suit or suits now pending in any of the Courts of the State or the rights of any parties thereto.

2511e. Act restricted. 5. The provisions of this act shall not apply in any case where the second or subsequent childless wife has died and the estate become vested in their heirs of the deceased husband.

2520. Guardian ad litem-Next friend.

2521. Guardian's duties.

2522. Change of investment.

ART.

2. Of the insane.

-OF INFANTS.

SEC.

2526. Marriage of female ward.
2527. Who may sue on bond.

2528. Sale of real estate.

2529. Application.

2530. Appointment of appraisers.
2331. Oath of appraisers.

of 2532. Appraisement-Additional bond.
2533. Order of sale-Sales legalized.
2534. Who may sell.

(2535. Report of sale.

2536. Price the property must bring.
2537. Confirmation and conveyance.

2522a. Payment to minor without guardian. 2538. Foreign guardian may sell.

2522b. Receipt binding.

2523. Death of ward.

2539. Bond.

2540. Suits by foreign guardian.

2524. How removed-Marriage of female 2541. New bond by foreign guardian. guardian.

2525. Suit on bond.

2512. Partition.
2343. Expenses and pay.

[2 R. S. 1852, p. 321. In force May 6, 1853-1

2512. Appointment. 1. The Court having probate jurisdiction in each county, in term time, or the Clerk thereof in vacation, shall appoint guardians of minors resident in such county, or having estate therein; and in case of conflict between two appointments in different counties, the one first made shall exclude all others and extend to all the property of the ward within this State.

1. The domicile of the parents at their death is the domicile of an infant heir, and can not be changed during minority, of his own volition.-Warren . Hofer, 13 Ind. 167.

2. When an infant has no guardian appointed, and lives with his mother, a widow, she is entitled, as natural guardian, to his earnings.- Ohio, etc., R. R. Co. v. Tindall, 13 Ind. 366.

3. The earnings of an infant supported by his father belong to the father, unless he agree to relinquish them; in which case they belong to the infant.— Jenison v. Graves, 2 Blackf. 440; Fowler v. Burget, 16 Ind. 341; Boulton v. Black, 68 id. 269.

2. If the minor be over the

2513. Minor over fourteen may select. age of fourteen years, such minor shall have the right to select a guardian, and, if the person so selected shall be a suitable person, such person shall be appointed. But if such minor shall fail to select a suitable person, an appointment shall be made without reference to the wishes of such minor. Such selection may be proved to the satisfaction of the Court or Clerk making the appointment, without the personal attendance of such minor. 2514. No removal, except for cause. 3. When a guardian has been appointed for any minor under the age of fourteen, such guardian shall not be removed when such minor arrives at the age of fourteen, except for good cause shown.

1. He can not be removed without notice.- Dibble v. Dibble, 8 Ind. 307.