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Dower and Curtesy Election Against Will

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Dower and Curtesy Election Against Will Chapter 113 1963 REPLACEMENT PART Dower and Curtesy Election Against Will GENERALLY 113270 Doweress not to suffer waste but to keep In repair 113010 Widows dower 113280 Bar of claim of dower by accepting assign 113020 Widowers curtesy application of laws ap ment of dower plicable to dower 113290 Unauthorized recovery of dower not to pre 113030 Election between provision in will and judice infant heirs dower or curtesy 113040 What constitutes election BAR BY CONVEYANCE AND JOINTURE 113050 Surviving spouses right to take under will 113410 Bar of dower by conveyance or take one fourth interest in person 113420 Bar of dower by jointure alty personalty subject to expenses and 113430 How assent to jointure expressed taxes 113440 Pecuniary provision in lieu of dower 113060 What constitutes election under ORS 113450 Election between jointure or pecuniary 113050 provision and dower 113070 Widow may remain in dwelling and have sustenance one year DAMAGES FOR WITHHOLDING DOWER 113080 Alien or nonresident entitled to dower 113510 Recovery of damages in action for dower 113090 Statute of limitation for recovery of dower 113520 Estimation of damages or curtesy 113530 Use of improvements not included in esti EFFECT OF EXCHANGE OR MORTGAGE OF mate of damages LAND ON DOWER 113540 Damages against heir 113110 Exchange of land effect on dower election PROCEEDINGS FOR RELEASE OF DOWER OR by widow CURTESY OF INCOMPETENT OR MISSING 113120 Dower in land mortgaged before marriage PERSONS 113130 Dower in land mortgaged during coverture 113610 Procedure to obtain order authorizing deed for purchase money 113140 Widow entitled to interest in surplus of or mortgage for incompetent spouse mortgage sale and relinquishing dower or curtesy 113150 Effect on dower of satisfaction of mort 113620 Order to show cause gage by claimant under husband 113630 Service of order 113160 Valuation of land enhanced in value after 113640 Appointment of guardian duties and pow husbands sale ers of guardian 113650 Decree ADMEASUREMENT OF DOWER AND CURTESY 113660 Provisions required to be made to protect 113210 Assignment of dower by probate court interests of incompetent person proceedings in case of dispute 113670 Effect of conveyances or mortgages 113220 Warrant for assignment of dower 113680 Trustee of missing person may join with 113230 Oath and duty of commissioners accept spouse in conveyance resulting in release ance and record of return costs of dower or curtesy 113240 Property incapable of division 113690 Procedure to obtain order authorizing trus 113250 Widow may use land without having dower tee to release missing persons dower or assigned curtesy receipt of proceeds after seven 113260 Endowment anew years CROSS REFERENCES Descent and distribution where parents not married Person causing death not to inherit receive by will 111231 or as spouse of deceased 111060 Prenuptial property agreements 108140 Registration of title proceedings effect on 94105 Right to deferred or unpaid balance under contract Will may dispose of all property saving dower and of sale of real property 93240 curtesy 114020 113010 113020 Conveyance of separate property by spouse of insane person 93170 Abandoned wifes right to deal with her separate Decree of separation from bed and board extinguish property as feme sole 108070 ing dower and curtest 107280 See also Cross References under ORS 113010 Partners right in partnership property is not sub 113030 ject to dower or curtesy 684202 e Exercise of election by guardian 126300 861 CH 113 CROSS REFERENCES 113050 Partition suit for asserting dower Ch 105 Beneficiarys right to proceeds of United States bond 114270 113250 Decree of separation from bed and board barring Provisions for widow and children during adminis election 107280 tration 116005 116010 Surviving spouses rights to personal property of 113410 intestate 111030 Conveyance of separate property by spouse of 113070 insane person 93170 Registration of title proceedings effect on dower Provisions for widow and children during adminis and curtesy 94105 tration 116005 116010 Validation of certain conveyances 93810 113110 113510 Conveyance of separate property by spouse of Actions for the recovery of real property Ch 105 insane person 93170 Partition suit for asserting dower Ch 105 113610 113210 Conveyance of separate property by spouse of Actions for the recovery of real property Ch 105 insane person 93170 Admeasurement of dower after judgment in action Divorce on grounds of mental illness award of to recover possession of real property 105065 property of mentally ill spouse to prevailing County court jurisdiction to admeasure dower 5040 party 107030 862 DOWER AND CURTESY ELECTION AGAINST WILL 113060 GENERALLY cedent domiciled in this state at the time of death shall have an election whether to take 113010 Widows dower The widow of under the will of the decedent or to have and every deceased person shall be entitled to take upon distribution an undivided one dower the use during her natural life of one fourth interest in all the personal property half part of all the land including any equit of which the decedent died possessed which able estate in land whereof her husband was interest shall be in addition to and not in seised of an estate of inheritance at any time lieu of any right of dower or curtesy or during the marriage unless she is lawfully homestead barred thereof 2 Such undivided one fourth interest 113020 Widowers curtesy application in personal property shall be subject to the of laws applicable to dower 1 The widow following er of every deceased person shall be entitled a A proportionate share of the debts as tenant by the curtesy to the use during of the decedent the expenses of last illness his natural life of onehalf part of all the and administration the inheritance tax com land including any equitable estate in land puted under subsection 1 of ORS 118100 whereof his wife was seised of an estate of and if applicable the inheritance tax of any inheritance at any time during their mar other state riage although such husband and wife may not have had issue born alive unless he is b A proportionate share of the federal lawfully barred thereof estate tax if any provided the total of all 2 Estates by the curtesy may be ad property passing to the surviving spouse of measured assigned and barred in the same a type which qualifies for the marital deduc manner as dower and as far as practicable tion under the federal estate tax law exceeds all other laws of this state applicable to the maximum marital deduction permitted dower shall be applicable in like manner and under such law Said proportionate share with like effect to estates by the curtesy shall be determined by first multiplying the total federal estate tax by the lesser of 113030 Election between provision in will and dower or curtesy If any land is de A The total of all such property so passing to the surviving spouse less the max vised to a surviving spouse or other provi imum marital deduction allowable or sion is made for him in the will of the de ceased spouse he shall make his election B The value of such undivided one whether he will take the land so devised or fourth interest the provision so made or whether he will be endowed by the land of his deceased spouse and then dividing the product thereof by a but he shall not be entitled to both unless it sum equal to the value of the taxable estate plainly appears by the will to have been so for federal estate tax purposes plus the ex intended by the testator emption allowable under the federal estate Amended by 1963 c308 1 tax law 113040 What constitutes election c Being sold for the best interest of When any spouse is entitled to an election the estate or for purpose of distribution under ORS 113030 he is deemed to have Amended by 1963 c272 1 elected to take such devise or other provi 113060 What constitutes election under sion unless within six months after the date ORS 113050 The surviving spouse is of the admission of the will to probate he deemed to have elected to take under the makes executes and acknowledges and caus will unless within six months after the date es to be recorded in the deed records of the of the admission of the will to probate she county where the estate is being adminis or he makes acknowledges serves on the ex tered his statement that he elects to accept ecutor or his attorney and causes to be filed dower or curtesy instead of the provisions of in the estate proceedings a statement that the will she or he elects to take the undivided one Amended by 1963 c308 2 fourth interest mentioned in ORS 113050 in 113050 Surviving spouses right to take stead of under the will The clerk of the under will or take one fourth interest in per court shall record every such statement of sonalty personalty subject to expenses and election in the record of wills taxes 1 The surviving spouse of a de Amended by 1963 c271 1 863 113070 ESTATES OF DECEDENTS 113070 Widow may remain in dwelling in such land to secure the payment of the and have sustenance one year A widow may purchase money his widow is not entitled to remain in the dwelling house of her husband dower out of such land as against the mort one year after his death without being gagee or those claiming under him although chargeable with rent therefor and shall have she has not united in such mortgage but she her reasonable sustenance out of the estate is entitled to dower as against all other for one year persons 113080 Alien or nonresident entitled to 113140 Widow entitled to interest in dower A woman
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