INHERITANCE 2009

An. Code, 1924, sec. 32. 1912, sec. 57. 1904, sec. 57. 1888, sec. 57. 1820, ch. 191, sec. 34.

1898, ch. 457.

33. Whenever any person shall be entitled as surviving husband to a
life estate in any part of the real estate of an intestate, and the commis-
sioners appointed in virtue of this article shall determine that the estate
will admit of division, then the said commissioners shall lay off the part
or portion of such surviving husband in and to the said estate, before they
shall proceed to divide or value the same; and the same commissioners
shall make the ascertainment and location of such part or portion of such
surviving husband a part of their return to their commission, and the court
shall determine thereon, and confirm or reject the same, as in other cases.

See art. 45, sec. 7.

An. Code, 1924, sec. 33. 1912, sec. 58. 1904, sec. 58. 1888, sec. 58. 1820, ch. 191, sec. 35.

1898, ch. 457.

34. Whenever any person shall become entitled as surviving husband
as aforesaid, and the commissioners shall determine and so certify to the
court that the estate cannot be divided without loss and injury to all the
parties entitled, and the return of the said commissioners shall be con-
firmed by the court, and the persons entitled to elect to take the said estate
at the valuation made by the commissioners shall all refuse, then the
estate shall be sold by the said commissioners agreeably to the terms pre-
scribed to them, disencumbered of any life estate of surviving husband;
and the court shall award to the surviving husband such proportion of the
purchase money as the said court shall think just and equitable, in lieu of
such tenancy for life; and in decreeing such proportion of the said pur-
chase money to the said tenant, the court shall be directed by the age, health
and condition of such tenant; and such award of payment shall be suffi-
cient to bar such tenant from all and every right or title as such surviving
husband.

This section referred to in discussing rules laid down by various statutes, for valua-
tion of life estates and estates in remainder. Distinction drawn in this regard between
dower and other life estates. Williams' Case, 3 Bl. 265.

An. Code, 1924, sec. 34. 1912, sec. 59. 1904, sec. 59. 1888, sec. 59. 1820. ch. 191, sec. 36.

1898, ch. 457.

35. Whenever any person may be entitled as surviving husband to an
undivided part of the real estate of an intestate, and the commissioners
shall determine and so certify to the court in their return that the said
estate can not be divided without loss and injury to all the parties con-
cerned, the court shall proceed to award to such tenant such sum of money
as the court shall think just and equitable, in lieu of such tenancy for
life; and in decreeing such value to the said tenant, the court shall be di-
rected by the age, health and condition of such tenant; and such award
of value shall be sufficient to bar such tenant of all rights as such surviving
husband which such tenant may claim to the lands and tenements of such
intestate; and the person making the election to take the estate at the valu-
ation of the commissioners shall hold the estate disencumbered by any
tenancy of such surviving husband.

This section referred to in discussing rules laid down by various statutes for valua-
tion of life estates and estates in remainder. Distinction drawn in this regard between
dower and other life estates. Williams' Case, 3 Bl. 265.