thereof shall be proved or acknowledged by both parties and filed with and recorded by the clerk of the court of probate, which shall then be sufficient assignment of dower and shall bar any further demand for dower in the property specified in the statement of dower.33

If the heir to any estate be a minor, he shall act, in the assignment of dower, by his guardian.34

Sec. 593. How widow may proceed when dower not assigned in due time-Form of petition for dower.

If dower be not assigned to the widow within one year after the death of her husband, or within three months after demand made therefor, she may file in the court of probate, or in the clerk's office, in vacation, a written petition in which a description of the lands in which she claims dower, the names of those having an interest therein, and the amount of such interest therein shall be briefly stated in ordinary language with a prayer for the allotment of dower; and, thereupon all persons interested in the property shall be summoned to appear and answer the petition on the first day of the next term of the court.35

Sec. 594. When petition stands for hearing; order thereon. Upon a summons being served upon all who have an interest in the property ten days before the commencement of the

33 Section 2,604; Mansfield's Digest; Sec. 1,892, Ind. Ter. Stat. (1899); Sec. 693, Bledsoe's Indian Land Laws.

34 Section 2,605, Mansfield's Digest; Sec. 1,893, Ind. Ter. Stat. (1899); Sec. 694, Bledsoe's Indian Land Laws.

35 Section 2,606, Mansfield's Digest; Sec. 1,894, Ind. Ter. Stat.

(1899); Bledsoe's Indian and Laws, 695; McWhorter v. Roberts, 40 Ark. 283; Livingston v. Cochran, 33 Ark. 296; Stidham V. Matthews, 29 Ark. 650; Crittenden v. Woodruff, 11 Ark. 83; Webb v. Smith, 40 Ark. 17; Danley v. Danley, 22 Ark. 263; Falis v. Wright, 55 Ark. 562, 18 S. W. 1,044.

term, the court may make an order for the allotment of dower in accordance with the law of dower.36

Sec. 595. Constructive service.

Parties interested may be constructively summoned as provided by law in other cases.87

Sec. 596. Verification of pleadings not required.

No verification shall be required to the petition or answer.38

Sec. 597. Who may be admitted to defend.

If the petition be filed against infants, married women or persons of unsound mind, the guardian, committee or husband may appear and defend for them and protect their interest; and, if they do not the court shall appoint some discreet person for that purpose.3

39

Sec. 598. Party may contest right of petitioner by answerQuestions, how tried.

If any person summoned as provided in section twenty-six hundred and seven desires to contest the right of the petitioner, or the statements in the petition he shall do so by a written answer, and the questions of law and fact, thereupon arising shall be tried and determined by the court upon the petition, answer, exhibits and other testimony.40

36 Section 2,607, Mansfield's Digest; Sec. 1,895, Ind. Ter. Stat. (1899); Sec. 696, Bledsoe's Indian Land Laws; Hewitt v. Cox, 55 Ark. 225, 15 S. W. 1,026, 17 S. W. 873; Neal v. Robertson, 55 Ark. 79, 17 S. W. 587.

37 Section 2,608, Mansfield's Digest; Sec. 1,896, Ind. Ter. Stat. (1899); Sec. 697, Bledsoe's Indian Land Laws.

38 Section 2,609, Mansfield's Digest; Sec. 1,897, Ind. Ter. Stat. (1899); Sec. 697, Bledsoe's Indian Land Laws.

39 Section 2,670, Mansfield's Digest; Sec. 1,698, Ind. Ter. Stat. (1899); Sec. 699, Bledsoe's Indian Land Laws.

40 Section 2,611, Mansfield's Digest; Sec. 1,899, Ind. Ter. Stat. (1899); Sec. 700, Bledsoe's Indian Land Laws.

Sec. 599. Commissioners to be appointed and their duties.

The court shall, in all cases, when it orders and decrees dower to any widow, appoint three commissioners, of the vicinity, who shall proceed to the premises in question, and, by survey and measurement, lay off and designate by proper metes and bounds, the dower of such widow in accordance with the decree of court.11

Sec. 600. Report of commissioners.

Such commissioners shall make a detailed report of their proceedings to the next term of the court.42

Sec. 601. Proceedings on report.

Upon such report being returned the court may confirm or set the same aside, or remand it to the commissioners for correction. If approved by the court, said report shall be entered of record and be conclusive upon the parties.43

Sec. 602. Order when lands will not admit of division.

In cases where lands or tenements will not admit of division, the court being satisfied of that fact, or on the report of the commissioners to that effect, shall order that such tenements or lands be rented out, and that one-third part of the proceeds be paid such widow, in lieu of her dower in such lands and tenements.**

Sec. 603. Widow may recover and defend possession of her dower.

If the land assigned and laid off to any widow be deforced from her possession, she shall have her action for the re

41 Section 2,612, Mansfield's Digest; Sec. 1,900, Ind. Ter. Stat. (1899); Sec. 701, Bledsoe's Indian Land Laws.

42 Section 2,613, Mansfield's Digest; Sec. 1,901, Ind. Ter. Stat. (1899); Sec. 702, Bledsoe's Indian Land Laws.

43 Section 2,614, Mansfield's Digest; Sec. 1,902, Ind. Ter. Stat. (1899); Sec. 703, Bledsoe's Indian Land Laws.

44 Section 2,615, Mansfield's Digest; Sec. 1,903, Ind. Ter. Stat. (1899); Sec. 704, Bledsoe's Indian Land Laws.

covery of the possession thereof, with double damages for such deforcement; or she may sue for the damages alone, and recover double the actual damages sustained, from time to time, until she be put in possession of her dower, held by such deforcer or detainer.45

Sec. 604. Heir's alienation of land not to affect widow's

dower.

If the heir alien lands of which a widow is entitled to dower, she shall still be decreed her dower in such lands so aliened in whose hand soever the lands may be.16

46

Sec. 605. Of the crop growing on land assigned as dower at widow's death.

A widow, may bequeath the crop in the ground of the land held by her in dower at the time of her death. If she die intestate, it shall go to her administrator.47

Sec. 606. Costs to be apportioned, how.

The costs of allotting dower shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the parties adjudged to be in the wrong."

48

Sec. 607. Procedure for assignment of dower-Form for assignment of dower by heirs.

deceased, was

the only

and to all of the lands of which the said

seized of an estate of inheritance during his lifetime;

Now, THEREFORE, We,

heirs at law of

and

deceased, in consideration of the premises, do by these presents, assign, transfer and set over to the said widow of the said -, deceased, as and for her dower in the lands of which said decedent was seized of an estate of inheritance during his marriage with said to-wit: (Here specifically describe real estate to be set apart.) WITNESS our hands this

day of

19-.

Before me, the undersigned, a notary public in and for said county and State, appeared in person

and

deceased, to me known to

be the identical persons whose names appear upon the within and foregoing instrument of conveyance of dower, and the acceptance thereof, and acknowledged that they executed the same for the consideration and purposes therein set forth.

IN TESTIMONY WHEREOF, I have on this

19-, set my hand and affixed my seal of office.

day of

hereby accepts the above and foregoing assignment of dower to

her.

IN WITNESS WHEREOF, I have hereunto affixed my hand on

this

day of

19-.

Widow of

Deceased.