§ 28-39-304 — Assignment by commissioners

(a) In all cases when it orders and decrees dower or curtesy to any surviving spouse, the court shall appoint three (3) commissioners of the vicinity who shall proceed to the premises in question and, by survey and measurement, lay off and designate by proper metes and bounds the dower or curtesy of the surviving spouse, in accordance with the decree of the court. (b) In all assignments of dower or curtesy to any surviving spouse, it shall be the duty of the commissioners, who may be appointed to lay off the dower or curtesy, if the estate will permit such a division without essential injury, to lay off the dower or curtesy in the lands of the deceased spouse so that the usual dwelling of the deceased spouse and family shall be included in the assignment of dower or curtesy to the surviving spouse. (c) The commissioners appointed to lay off dower or curtesy in the lands of the deceased spouse, under existing laws, shall lay off the dower or curtesy on any part of the lands of the deceased at the request of the surviving spouse who is to be endowed, whether the lands shall include the usual dwelling of the deceased spouse and family or not, if it can be done without essential injury to the estate. (d) The commissioners shall make a detailed report of their proceedings to the next term of the court. (e) Upon the report's being returned, the court may confirm or set the report aside or remand it to the commissioners for correction. If approved by the court, the report shall be entered of record and be conclusive on the parties.

Legislative History

Rev. Stat., ch. 52, §§ 19, 40, 41; Acts 1857, § 1, p. 167; Civil Code, § 545; C. & M. Dig., §§ 3532, 3533, 3553-3555; Pope's Dig., §§ 4417, 4418, 4439-4441; Acts 1981, No. 714, §§ 55-57, A.S.A. 1947, §§ 62-711 -- 62-715.