§ 58-311. Property to be delivered to the family - Homestead.

Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, except as in this title provided, until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age.  The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other property of the decedent and shall be included in the decree of distribution.  And in addition thereto, the following property must be immediately delivered by the executor or administrator to such surviving wife or husband, and child or children, and is not to be deemed assets, namely:

1.  All family pictures.

2.  A pew or other sitting in any house of worship.

3.  A lot or lots in any burial ground.

4.  The family Bible and all school books used by the family, and all other books used as part of the family library, not exceeding in value of One Hundred Dollars ($100.00).

5.  All wearing apparel and clothing of the decedent and his family.

6.  The provisions for the family necessary for one (1) year's supply, either provided or growing, or both; and fuel necessary for one (1) year.

7.  All household and kitchen furniture, including stoves, beds, bedsteads and bedding.

No such property shall be liable for any prior debts or claims whatever.

R.L.1910, § 6328; Laws 1947, p. 345, § 1; Laws 1953, p. 236, § 19.