Pre-emption—Rights of Pre-emptor—Death without Payment— Statutory Saving to Heibs.—A pre-emptor, prior to the payment of the purchase money, does not acquire any vested estate in the land merely by virtue of his declaratory statement; and his rights therein would lapse with his death, and the land be open to pre-emption by another, if it were not made to inure to his heirs by a patent to be granted for their benefit under section 2269 of the Revised Statutes of the United States.

Id.—Estate of Deceased Pre-emptor—Unpaid for Land not Included— Title of Heirs not Affected by Administration or Distribution.— The pre-empted land not paid for by the pre-emptor is no part of his estate after his decease. It is not the subject of devise-by him, and cannot be administered upon, or sold in "satisfaction of his debts, or for the expenses of administration, and the title of the heirs thereto under a patent from the United States, cannot be affected by the administration or decree of distribution of his estate.

Id.—Declaration of Homestead by Pre-emptor—Effect of Patent to Heirs—New Source of Title.—The title of the heirs under the patent from the United States, cannot be affected by a deelara- ' tion of homestead filed by the pre-emptor under the law of the state. The title conveyed to the heirs by the patent is not the perfecting of an inchoate title of the pre-emptor; but the patent is a new and independent source of title in the heir never affected by the declaration of homestead.

Id.—Title of Heirs not by Descent—Privilege of Purchase—Portion of Heirs, How Determined. — The heirs do not take title by descent under section 2269 of the Revised Statutes of the United States; but the land is patented to them directly by virtue of the privilege of completing the purchase given to them by the statute; and the portion taken by each heir is not determined by the law of inheritance, but by the terms of the patent.

Id,—Patent to Heirs—Reference to State Laws—Equal Moieties.— Under a patent to the heirs of a deceased pre-emptor, reference-is had to the laws of the state merely to determine who are-the heirs of the deceased entitled to take under the terms of the patent. A patent to the heirs, consisting of his widow and three children, vests title in them in equal, moieties, without regard to their respective rights of inheritance under the laws of the state.