Page:United States Statutes at Large Volume 24.djvu/671

 638 FORTY-NINTH CONGRESS. Sess. II. Ch. 397. 1887. Proceeds. provisions of the preceding section, and pay the debts and to dispose of the property and assets of said corporation according to law. Said property and assets, in excess of the debts and the amount of any lawful claims established by the court against the same, shall eseheat to the United States, and shall be taken, invested, and disposed of by the Secretary of the Interior, under the direction of the President of the United States, for the benefit of common schools in said Territory. Incorporation of Sec. 17. That the acts of the legislative assembly of the Territory of M o r m on Church Utah incorporating, continuing, or providing for the corporation known dl¤°°l"°d• as the Church of Jesus Christ of Latter-Day Saints, and the ordinance of the so-called general assembly of the State of Deseret incorporating the Church of Jesus Christ of Latter-Day Saints, so far as the same may now have legal force and validity, are hereby disapproved and annulled, and the said corporation, in so far as it may now have, or pretend to have, any legal existence, is hereby dissolved. That it shall be the duty of the -ttorney-General of the United States to cause such proceedings to be mken in the supreme court of the Territory of Utah as shall be P,1,,,,,,,,d,,,g,, to proper to execute the foregoing provisions of this section and to wind wind up. up the adairs of said corporation conformably to law; and in such proceediugs the court shall have power, and it shall be its duty, to make such decree or decrees as shall be proper to effectuate the transfer of the title to real property now held and used by said corporation for places of worship, and parsonages connected therewith, and burial grounds, and of the description mentioned in the proviso to section thirteen of this act and in section twenty-six of this act, to the respective trustees mentioned in section twenty-six of this act; and for the purposes of this section said court shall have all the powers of a court of equity. . D,,,,,,. ,.,g,,,s_ Sec. 18. (a) A widow shall be endowed of third part of all the lands whereof her husband was seized of an estate of inheritance at any time · during the marriage unless she shall have lawfully released her right thereto. w,,,,,,, of ,,,,,,,,_ sb) The widow of any alien who at the time of his death shall be ent tit ed by law to hold any real estate, if she be an inhabitant of the Territory at the time of such death, shall be entitled to dower of such estate in the same manner as if such alien had been a native citizen. L,,,,,,,, exchanged (c) If a husband seized of an estate of inheritance in lands exchanges for land. them for other lands, his widow shall not have dower of both, but shall make her election to be endowed of the lands given or of those taken in exchange; and if such election be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange within one year after the death of her husband, she shall be deemed to have elected to take her dower of the lands received in exchange. ontormorignged (d) When a person seized of an estate of inheritance in lands shall l¤¤d¤· have executed a mortgage, or other conveyance in the nature of mortgage, of such estate, before marriage, his widow shall nevertheless be entitled to dower out of the lands mortgaged or so conveyed, as against every person except the mortgagee or grantee in such conveyance and those claiming under him. Lands purchased (e) W’here ahusband shall purchase lands during coverture, and shall and rrmdgagcd- at the same time executea mortgage, or other conveyance in the nature of mortgage, of his estate in such lands to secure the payment of the purchase-money, his widow shall not be entitled to dower out of such lands, as against the mortgagee or gran tee in such conveyance or those claiming under him, although she shall not have united in such mortgage; but she shall be entitled to her dower in such lands as against all other persons. 5,,;,,,,,,,,,;,,, ,,,0,.,, (f ) Where in such case the mortgagee, or such grantee or those claimgage. ing under him, shall, after the death of the husband of such widow, cause the land mortgaged or so conveyed to‘be sold, either under a » power of sale contained in the mortgage or such conveyance or by virtue of the decree of a court if any surplus shall remain after payment