tead character, and will be exempt from
execution for the payment of debts.
[Sidenote: Widow of alien.]
The widow of a non-resident alien shall be entitled to the same rights
in the property of her husband, as a resident, except as against a
purchaser from the decedent. [Sec.3646.] The term "non-resident alien" does
not refer to one who resides out of the United States, but to
non-residents of the state, who may reside in other states; the purpose
of the statute being to encourage the purchase of lands within the state
from non-resident owners, and to protect purchasers of such real estate
from claims for dower or distributive share therein.
[Sidenote: How set off.]
The share thus allotted to her may be set off by the mutual consent of
all parties interested, when such consent can be obtained, or it may be
set off by referees appointed by the court. [Sec.3647.]
[Sidenote: Application]
The application for such measurement by referees, may be made 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
share, and ask the appointment of referees. [Sec.3648.]
[Sidenote: Widow's share not affected by will.]
The widow's share cannot be affected by any will of her husband, unless
she consents thereto within six months after notice to her of the
provisions of the will by the other parties interested in the estate,
which consent shall be entered on the proper records of the district
court. [Sec.3656.] This provision applies equally to the husband's rights
under the will of the wife, and it applies to wills made before
marriage, as well as to those executed after marriage. Where there is no
express provision in the will that a devise to the wife is in lieu of
dower, she will take her distributive share of the estate in addition to
the property devised to her by will, unless the allowance of dower would
be inconsistent with other provisions of the will. The devise of a life
estate to a wife will not defeat her right to her distributive share in
the real estate owned by the husband at the time of his death.
[Sidenote: Descent. To children.]
Subject to the rights and charges hereinbefore contemplated, the
remaining estate of which the decedent died, shall, in the absence of
other arrangements by will, descend in equal shares to his children.
[Sec.3657.]
[Sidenote: Share of deceased child.]
If any one of his child
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