The Probate Law And Practice And the Laws of Succession of the State of Indiana
The Probate Law And Practice And the Laws of Succession of the State of Indiana
George a George Adams Henry
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App. 522, 39 N. E. 747. Frazer v. Clifford, 94 Ind. 482 ; modi- 1 2 10 INDIANA PROBATE LAW. § 689 A species of ancestral estate is created by section 3015, Burns' R. S. 1908, where a widow who marries holding real estate in vir- tue of any previous marriage is forbidden to alienate the same during such subsequent marriage, and if she should die during such subsequent marriage the inheritance is cast upon her children by the husband through whom the land came. "^ § 689. Breaking ancestral line o...f descent. — There are vari- ous methods by which the ancestral line of descent may be broken and the inheritance made to fall within the rule laid down in the third clause of the foregoing statute, and the estate lose its ances- tral character and become descendible to the heirs generally whether of the paternal or maternal line. Thus if a person seized of lands as heir on the part of the mother makes a conveyance in fee and takes back an estate to himself and his heirs in fee, this is considered a new purchase, and if he should die without issue the heirs on the part of the father would also inherit.
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