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 Wallin, J., having been of counsel, did not sit on the hearing of the above case; Judge TEMPLETON, of the first judicial district, sitting by request.

Nils N. Forg, Administrator of the Estate of Nizs L. Fors, Deceased, Plaintiff and Appellant, v. Taz Estar or Lars N. Fore, Deceased, Defendant and Respondent.

Allowance to Widow—Rights in Homestead.

1. Under § 5779, Comp. Laws, it is the duty of the probate court to set apart, for the use of the family of the decedent, personal property, in addition to the specific articles mentioned in § 5778, Comp. Laws, not to exceed in value the sum of $1,500, and the property so set apart does not belong to the assets of the estate to be distributed to the heirs of the decedent.

2. When the decedent left a widow, but no minor child, the property thus set apart for the use of the family becomes the absolute property of such surviving widow, under § 5784, Comp. Laws.

3. When a party dies seized in fee of land occupied and used by himself and family as a homestead at the time of his death, his surviving widow is entitled, as against his heirs or devisees, to occupy and possess the whole of such homestead as long as she preserves its homestead character by maintaining her home thereon, and the fact of her second marriage does not impair this right.

(Opinion filed December 2, 1891.)

APPEAL from district court, Traill county; Hon. William B. McConnell, Judge.

A. B. Levisee, for appellant. F. W. Ames, for respondent.

Proceeding by Nils N. Fore, administrator of Nils L. Fore, deceased, against the estate of Lars N. Fore, deceased. Judgment for defendant. Plaintiff appeals. Affirmed.

The facts and authorities relied on by counsel are fully set out in the opinion of the court, which was delivered by

Bartholomew, J. On appeal from an order entered by the probate court of Traill county to the district court this case was submitted upon an agreed statement of facts, which we re-