Ik* RURAL NEW-YORKER 
I 149 
Property Rights of Widow and Minor' 
Children 
If :i man ilit-s in New Hampshire willi- 
out leaving a will, how is the properly 
dividedV If there are small ehildreii, is 
their share used to rear and educate 
them? Supposing the total inheritance 
is a small farm and some equipment, can 
it he sold while the children are minors, 
or can it lie left and carried on to get. 
a living? Would the Tvife and mother 
have to pay the children’s guardian rent 
for the use of the farm? it. C. 
New Hampshire. 
The real estate subject to the dower 
and homestead rights of the wife descends 
in equal shares to the children or their 
representatives. The personal estate is 
distributed first to the widow, the share 
In law preseribed. the balance is divided 
equally between the children and their 
representatives. J'rohalily the children's 
court would make an order directing the 
guardian to expend certain amounts for 
the education and care of minor children, 
provided they Imd no other means. While 
not strictly in accordance with provisions 
of law. it is quite usual for a widow hav¬ 
ing small children to remain on the farm 
and care for the children without ac¬ 
counting for rental and use of the farm. 
No one could raise a question except the 
children. N. t. 
Division Fence 
Our contemplated pasture is bounded 
on one side by a stream averaging 1”> ft. 
in width and 2 to ft. in depth. There 
is a chance that our cattle may cross over 
at limes into my neighbor's land adjoin¬ 
ing. M,\ neighbor refuses t<> share ex- 
pensr of fence; besides, the annual freeze 
and thaw and flooding of said stream 
would keep fence in slate of disrepair. 
Could my neighbor have any legal claim 
for damages in ease our cattle did got 
over? II. I). 
There seems to he no provision in the 
statute which lakes a line fence which 
happens to he iu a stream out of the gen¬ 
eral provision that every adjoining land- 
owner must maintain his share of a divis¬ 
ion fence. It is a general rule of the 
common law that the owner of cattle is 
bound, at his peril, to keep them oil’ the 
lands of other persons, and lie cannot jus¬ 
tify or excuse such entry by showing that 
the land v as unfenoed. In order to ex¬ 
cuse himself when his cattle are found 
trespassing on the lands of another, the 
owner must show not. only that the fence 
which the other was hound t<i maintain 
was out of repair, but also that the cattle 
passed over the defective fence. In your 
ense, if your cuttle trespass on your 
neighbor and there was mi division fence 
at all, you would be unable to show 
whether tin- cattle escaped through your 
neglect or llmt of your neighbor. Your 
safest procedure is t«► cause a division 
fence to be built according to the statute. 
Form of Deed and Mortgage 
A and l‘>. man and wife, buy a tract 
of land and pay *1.000: deed in both 
names. An industrial corporation to hel]) 
their employes to get homes loans A and It 
*.‘1.000 at live per cent, t«* he paid for at 
the rate of S.'IO per month, first mouth 
one-lmlf for interest and one-half to prin¬ 
cipal. As payments are made the princi¬ 
pal decreases. This loan is in the form 
of first and second mortgages. The 
parties who loaned the money took the 
deed. Is that right? There has been 
paid on loan SHOO. A trust company i> 
willing to loau $*J.r>00 at six per cent on 
a first mortgage. The industrial company 
wishes me to do this, as this will allow 
them to have the money to loan to others 
to build. Instead of being obliged to 
pay X.'tO per month. 1 should only have to 
pa\ the interest and kepp up repairs, 
insurance, taxes, just as I do now. 1- 
this a good thing for me? Now A wishes 
to sell out to It a bill of sale or some¬ 
thing. so that when the new moragage is 
laid it will be in H’s or wife's name. 
I low shall it be done, and is it necessary 
or a good thing to record it or not? When 
the change is made it seems to me that 
11. the wife, should have the original deed 
to the land given to her and the trust 
company the mortgage on the property. 
In case of the death of A, what would 1 '• 
have to show that she had any interest 
in the estate? Of course, the original 
deed was recorded in A's and l»'s name. 
A will has been made appointing her sole 
legatee and executrix without bond, but 
sin would have no deed. It seems to me 
she should have some means of showing 
she owns the property except the mort¬ 
gage. What shall T do to make it safe 
for her? This transaction Is in Con¬ 
necticut, but the laws are different in 
some States. C. B. n. 
('onnectiout. 
We can see no reason why the corpora¬ 
tion loaning the money should keep the 
..1. It is usual for the mortgagee to 
have possession of the abstract and insur¬ 
ance policies, hut there is no reason why 
lie should*keep the deed. It Would he bet¬ 
ter fur you to have the mortgage held by 
the trust company. 
A can convey to It all of his interest 
in the property. All deeds and mort¬ 
gages affecting real proper! i should be 
recorded. T’nless there is some particular 
reason, if is usually more satisfactory 
f c- the husband and wife to hold the 
peer tv as tenants by the entirety; then 
the survivor will take all. Pf. T. 
A kind of value not to be duplicated, in the 
kind of a car the farm needs. Long mileage on 
gas and oil and tires. Genuine comfort on the 
road. Ease of handling, even in rough going. 
Beauty that makes people turn to watch it go by. 
Cord tires, non-skid front and rear; disc steel wheels, demountable at rim and at hub; 
drum type lamps; Alemite lubrication; motor-driven electric horn; unusually long springs; 
deep, wide, roomy seats; real leather upholstery in open cars, broadcloth in closed cars; 
open car side-curtains open with doors; clutch and brake action, steering and gear shifting, 
remarkably easy; new type water-tight windshield. Touring Car, *885; Roadster, *885; 
Sedan, *1335; Coupe, *1235. Prices F. O. B. Detroit, revenue tax to be added 
MAXWELL MOTOR CORPORATION, DETROIT, MICHIGAN 
MAXWELL MOTOR CO.. OF CANADA, LTD., WINDSOR. ONT. 
‘TTie Good 
MAXWELL 
i Farmers of New England, NewYork and New Jersey 
^ ^ Apply for Loans Now 
I F YOU are intending to take out a mortgage loan during the 
next six months, send in your application before October, 1922 
—the sooner the better. This will permit the Bank to examine 
the property this Fall, as no appraisals will be made with snow 
on the ground. 
Federal Farm Loans are now made at the reduced interest rate 
— 5’r#. Funds are available for first mortgage loans on Improved 
farms operated by owners whose major income is from that 
business. 
Inquire of the Secretary-Treasurer of the National Farm Loan 
Association in your County or write to 
THE FEDERAL LAND BANK of SPRINGFIELD, MASS. 
Long-term. low-rat*, 
fMy-myment l.r»»nn 
5K% * 
and Safety 
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Due one year to 5 years from 
date. Interest, hVt X, payable 
semi-annually. We give you am¬ 
ple security, based on New York 
State’s diversified agriculture. 
Write for particulars, 
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