t the estate, and
should be paid immediately. If the widow and children have no other
means of support the allowance may be made though the estate is
insolvent. It is no part of the dower interest, but is a separate and
distinct right which may be made in addition to dower, or even in cases
where by contract made before marriage, all rights to dower and
inheritance have been relinquished. Real estate may be sold if
necessary, where the personal property is not sufficient to provide for
the allowance to the widow and children, and the widow may claim the
allowance although there are no children, and she may have property of
her own, if the income of such property is not sufficient for her
support.
[Sidenote: Expenses of funeral.]
As soon as the executors are possessed of sufficient means, over and
above the expenses of administration, they shall pay off the charges of
the last sickness and funeral of deceased. [Sec.3622.]
[Sidenote: Allowance.]
They shall, in the next place, pay any allowance which may be made by
the court for the maintenance of the widow and minor children. [Sec.3623.]
After the funeral expenses and the allowance to the widow and children
have been paid, the claims against the estate will be discharged in the
order provided by law, after which, the balance of the property, devised
by will after all expenses of administration have been paid, will be
distributed to the different legatees.
[Sidenote: Descent and distribution. Personal property.]
The personal property of the deceased, not necessary for the payment of
debts, nor otherwise disposed of as hereinbefore provided, shall be
distributed to the same persons and in the same proportions as though it
were real estate. [Sec.3640.] A husband cannot, by will, deprive his wife
of her share in his personal estate, after his death, but he may dispose
of it during his lifetime in any manner he may choose.
[Sidenote: Payment.]
The distributive shares shall be paid over as fast as the executors can
properly do so. [Sec.3641.]
[Sidenote: In kind.]
The property itself shall be distributed in kind whenever that can be
done satisfactorily and equitably. In other cases the court may direct
the property to be sold, and the proceeds to be distributed. [Sec.3641.]
[Sidenote: Partial distribution.]
When the circumstances of the family require it, the court, in addition
to what is hereinbefore set apart for their use, may direct a partial
di
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