Descent and Distribution of Property.A homestead to the extent of 160 acres of farming land, or of one acre within the limits of an incorporated town or city, occupied by the intestate and his family at the time of his death as a residence, and continued to be so occupied by his widow and children, after his death, together with all the improvements on the same, is wholly exempt from distribution under any of the laws of this state, and from the payment of the debts of the intestate, but is the absolute property of the widow and children. If the intestate at the time of his death owned a greater number of acres of land adjoining his residence than is allowed for a homestead, the widow may select the homestead. If the intestate left no children, the widow is entitled to said homestead, and if he left children and no widow, the children are entitled to same. If the intestate left a widow and children, and the widow again marry, or when all the children arrive at the age of majority, the homestead is divided, one-half in value to the widow and the other half to the children.
One-half in value of all the real estate in which the husband, at any time during the coverture, had a legal or equitable interest, which has not been sold on execution or other judicial sale, and not necessary for the payment of debts, and of which the wife has made no conveyance, is set apart by the executor as her property in fee simple upon the death of her husband if she survives him. Continuous cohabitation as husband and wife is presumptive evidence of marriage for the purpose of giving this right. The widow's portion cannot be affected by any will of her husband, if she objects thereto, and relinquishes all right conferred upon her by the will.
The remaining estate of which the decedent died seized, in the absence of other arrangements by will, descends in equal shares to his children surviving him and the living issue, if any, of the prior deceased children; but such issue collectively inherits only that share to which their parent would have been entitled had he been living. If the deceased leave no issue, the whole of his estate goes to his wife; and if he leaves neither wife nor issue, it goes to his parents. If one of his parents be dead, it goes to the surviving parent, and if both parents be dead, it is disposed of in the same manner as if they, or either of them, had outlived the intestate and died in the possession and ownership of the portion thus falling to their share, or to either of them, and so on through the ascending ancestors and their issue.
Illegitimate children inherit from the mother, and the mother from the children. They also inherit from the father whenever they have been recognized by him as his children, but such recognition must be general and notorious, or in writing. Under such circumstances, if the recognition of relationship has been mutual, the father inherits from his illegitimate children. In thus inheriting from an illegitimate child, the mother and her heirs take preference over the father and his heirs. All the provisions mentioned control the descent of property owned by a woman who dies intestate.Pages 515-516 from volume I of Kansas: a cyclopedia of state history, embracing events, institutions, industries, counties, cities, towns, prominent persons, etc. ... / with a supplementary volume devoted to selected personal history and reminiscence. Standard Pub. Co. Chicago : 1912. 3 v. in 4. : front., ill., ports.; 28 cm. Vols. I-II edited by Frank W. Blackmar. Transcribed May 2002 by Carolyn Ward.
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