[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 children be dead, the heirs of such child shall inherit his share in accordance with the rules herein prescribed in the same manner as though such child had outlived his parents. [Sec.3658.] The mother of a child which dies while both of its parents are living cannot, upon the death of its father, claim any share in his estate, as heir of such child.

[Sidenote:  Wife and parents.]

If the intestate leave no issue, the one-half of his estate shall go to his parents and the other half to his wife; if he leaves no wife, the portion which would have gone to her, shall go to his parents, [Sec.3659.] The one-third which the wife takes as her distributive share is all that may be held exempt from debts.  The additional share of the estate which she takes in case there are no children, is subject to claims by creditors of the husband.