633.247  Setting off share of surviving spouse when electing to take against the will.

The share of the surviving spouse under section 633.236 may be set off by the mutual consent of all parties in interest, or by referees appointed by the court. An application to have it set off by referees shall be made in writing. The application must describe the land in which the share is claimed, and pray for the appointment of referees to set it off.

Section History: Early form

  [C51, § 1396, 1397; R60, § 2427, 2428; C73, § 2443, 2444; C97, § 3369; S13, § 3377; C24, 27, 31, 35, 39, § 11994, 12015; C46, 50, 54, 58, 62, § 636.9, 636.30; C66, 71, 73, 75, 77, 79, 81, § 633.247]

Section History: Recent form

  84 Acts, ch 1080, § 5; 88 Acts, ch 1064, §5

Internal References

  Referred to in § 633.253


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