Where a homesteader under the provisions of Subpart A of this Part was inducted into the armed services after his entry was allowed and died in service, his widow, if unmarried, or in case of her death or marriage, then his minor orphan children or his or their legal representatives, may proceed forthwith to make final proof upon the land so held by the deceased soldier and settler, and the death of the soldier while engaged in the service of the United States shall, in the administration of the homestead law, be equivalent to a performance of all requirements as to residence and cultivation for the full period of five years.
The patent shall issue upon proof produced to the Register of the State Land Office by the widow, if unmarried, or in case of her death or marriage, his minor orphan children or his or their legal representatives, that the applicant for patent is the soldier's widow, his orphan children or his or their legal representatives, and that the soldier died while in the service of the United States.