[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 distribution of the money or effects on hand. [Sec.3643.]

[Sidenote:  Share of husband or wife.]

[Sidenote:  Dower and curtesy.]

One-third in value of all the legal or equitable estates in real property, possessed by the husband at any time during the marriage, which have not been sold on execution or other judicial sale, and to which the wife has made no relinquishment of her right, shall be set apart as her property in fee-simple, if she survive him.  The same share of the real estate of a deceased wife shall be set apart to the surviving husband.  All provisions made in this chapter in regard to the widow of a deceased husband, shall be applicable to the surviving husband of a deceased wife.  The estates of dower and curtesy are hereby abolished. [Sec.3644] While the estate of dower is abolished by statute, and a wife takes her distributive share of the property in its stead, yet this distributive share is still commonly designated by the term “dower.”  The dower interest of the wife is not subject to the debts of her husband.  A wife may release her right of dower in real property by joining in a joint deed with her husband, although the deed may contain no express relinquishment of dower.  Contracts between husband and wife, though for a legal and valuable consideration, or with a view to separation are invalid, the interest of either during the lifetime of both, being merely contingent and inchoate, but an agreement previous to marriage by which each waives all right in the other’s estate, or by which the wife relinquishes her right of dower, is valid.  A woman can claim no dower in her husband’s estate, after his death, if she has procured a divorce from him while living and the divorce is in force at the time of his death.  Where the provisions of a will gives the wife a certain interest in the estate, she may always elect whether she will take her dower interest or under the will.

[Sidenote:  Homestead.]

The distributive share of the widow shall be so set off as to include the ordinary dwelling-house given by law to the homestead, or so much thereof as will be equal to the share allotted to her by the last section, unless she prefers a different arrangement.  But no different arrangement shall be permitted where it would have the effect of prejudicing the rights of creditors. [Sec.3645.] If the distributive share of either husband or wife is set out to the survivor from the homestead, it will still retain its homestead character, and will be exempt from execution for the payment of debts.