Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

years, or insane, on his guardian, or committee, if he or they can be found. If such parties cannot be found, a copy of the notice shall be posted, for the space of one month, in some conspicuous place, on, or immediately adjoining, the premises where the right is claimed.

Sec. 21. Such service or notice shall be endorsed, by the officer serving the same, on the original paper, and be returned to the party giving such notice, who shall cause the original paper, with its accompanying endorsements of service or notice, to be recorded in the recorder's office, and such notice, thus served or posted and recorded, shall, at the time of record, be deemed an interruption of such use.

TITLE II.

CHAPTER 51.

OF TITLE TO REAL PROPERTY BY DESCENT.

SECTION

1. 2.

General rules of descent of real estate. 3. 4. 5. When parties take by representation,

and when equally. 6. Posthumous children. 7. Advancement to a descendant. 8. What not deemed an advancement.

SECTION
9. Illegitimate children of parents inter-

marrying, may inherit and transmit.
10. Illegitimate child may inherit from its

mother. 11. Estate of illegitimate child, dying inter

tate, to descend to his mother. 12. Dower, curtesy, or limitation by deed

or will, not affected by this chapter.

Section 1. When any person shall die seized of any estate in lands, or entitled to any interest therein, in fee-simple, or fee-tail general, not having lawfully devised the same, such estate or interest shall descend or pass, subject to the debts of the intestate, to his kindred, male and female, in parcenery, as herein prescribed.

Sec. 2. If the estate or interest shall have come to such intestate by descent, devise, or deed of gift from any ancestor, it shall descend or pass as follows:

First. To the children of such intestate, or their descendants.

Second. If there be no children, or descendants of children, it shall pass to the brothers and sisters of the intestate who may be of the blood of the ancestor from whom the estate or interest caine, or their descendants, whether such brothers and sisters be of the whole or half blood of the intestate.

Third. If there be no brothers or sisters of the intestate, of the blood of the ancestor from whom the estate or interest came, or descendants of such brothers or sisters, and if the estate or interest came by deed of gift from an ancestor who may be living, the same shall ascend to such ancestor.

Fourth. If the ancestor from whom the estate or interest came be deceased, it shall pass to and vest in the husband or wife, relict of such intestate, during his or her natural life.

Fifth. If such intestate leave no husband or wife, relict of himself or herself, or at the death of such relict, the estate or interest shall pass to and vest in the children of the ancestor from whom the same came, or their descendants. If there be no children of such ancestor, or their descendants, it shall pass to and vest in the brothers and sisters of such ancestor, or their descendants; and for want of such brothers or sisters, or their descendants, to the brothers and sisters of the intestate, of the half blood, or their descendants, though such brothers and sisters be not of the blood of the ancestor from whom the estate or interest came.

Sixth. If there be no brothers or sisters of the intestate, or their descendants, the estate or interest shall pass to the next of kin to the intestate of the blood of the ancestor from whom the estate or interest

came.

Sec. 3. If the estate or interest come not by descent, devise, or deed of gift, it shall descend or pass as follows:

First. To the children of the intestate, and their descendants.

Second. If there be no such children, or their descendants, it shall pass to and be vested in the husband or wife, relict of such intestate, during his or her natural life.

Third. If such intestate leave no husband or wife, relict of himself or herself, or at the death of such relict, it shall pass to the brothers and sisters of the intestate of the whole blood, and their descendants.

Fourth. If there be no brothers or sisters of the intestate of the whole blood, or their descendants, it shall pass to the brothers and sisters of the half blood, and their descendants.

Fifth. If there be no brothers or sisters of the intestate of the half blood, or their descendants, it shall ascend to the father; if the father be dead, then to the mother.

Sixth. If the father and mother be dead, it shall pass to the next of kin to the intestate.

Sec. 4. When any person shall die intestate, seized of such estate in land as is mentioned in preceding section one, or entitled to an interest therein, and there shall be no person living entitled to inherit the same by the provisions of this chapter, the same shall pass to and be invested as an estate of inheritance in the husband or wife, relict of such intestate, and if there be no such relict, it shall escheat to the United States, and be appropriated to the use of the public schools of this District, in the same manner as is provided in Part I with regard to fines.

Sec. 5. The descendants of any intestate, when they are in the same degree of kindred, shall take equally, "per capita ;” otherwise they shall take “per stirpes,” according to the right of representation, and in the collateral lines, the descendants of any deceased ancestor shall take in like manner.

Sec. 6. No right to such estate or interest shall accrue to or vest in any person other than the children of the intestate and their descendants, unless such person is in being and capable in law to take as heir at the time of the intestate's death ; but any child or descendant of the intestate begotten before but born after the death of the intestate, shall, in all cases, inherit as if he had been born in the lifetime of the intestate and had survived him.

Sec. 7. When any descendant of a person dying intestate as to his estate, or any part thereof, shall have received from such intestate in his lifetime, or under his will, any estate, real or personal, by way of advancement, and he or any descendant of his shall come into partition or distribution with the other heirs and distributees, such advancement shall be brought into hotchpot with the whole estate, real and personal, descended or distributable, and thereupon such party shall be entitled to his proper portion of the estate, real and personal.

Sec. 8. The maintenance or education of a descendant, or the gift of money to him without a view to a portion or settlement in life, shall not be deemed an advancement.

Sec. 9. If, after the birth of an illegitimate child, his parents shall intermarry, such child, if acknowledged by the father, shall, in virtue of the marriage and acknowledgment, be legitimated and made capable in law to inherit and transmit, as if born in wedlock.

Sec. 10. Every illegitimate child shall be considered as an heir of its mother, and shall inherit and transmit her estate, in whole or in part, as the case may be, in like manner as if he had been born in lawful wedlock.

Sec. 11. If any illegitimate child shall die intestate, without issue entitled thereto, his real estate shall descend to his mother and her heirs.

Sec. 12. The provisions of this chapter shall in nowise affect the estate of a widow as tenant in dower, or of a husband as tenant by the curtesy, nor shall the same affect any limitation of an estate by deed or will, except the limitation of an estate in fee-tail general.

TITLE III.

Title by devise and bequest.

CHAPTER 52.

OF WILLS OF REAL AND PERSONAL ESTATE.

by will.

SECTION

SECTION 1. Who may make a will of real estate. 17. Wills, once revoked, how revived. 2. What may be devised.

18. Devises, &c. ; when not to lapse by 3. When real estate subsequently acquired

death of devisee in lifetime of testator. may pass by will.

19. Devises, &c., thai lapse, &c., to pass 4. What personal estate may be be- under residuary clause in the will. queathed.

20. When property as to which the testator 5. Wills of real estate ; how executed.

has a power of appointment shall pass 6. Appointments by will; how to be executed.

21.

} Legates and devisces to contribute 7. Who may make a will of personal 22. estate.

23. Witness becoming incompetent, will to 8. When wills may be made by married be proved, &c., as if he were dead.

24. When and how a devisee, &c., a com9. Wills of personal estate ; how made.

petent witness. 10. Nuncupative wills; when allowed. 25. A creditor a competent witness, though 11. Donatio mortis causa ; when good.

debt be charged on the estate. 12. Wills; how revoked—by cancelling, 26. An executor a competent witness. }

and by subsequent marriage. 27. Penalty for not delivering will to the 14. ) Wills; how affected by subsequent register. 15. S birth of child.

28. Will; how opened and read. 16. Wills ; how affected by subsequent con- 29. Will relative to real or personal estate veyance, &c.

may be proved in the orphans' court.

wonen.

13. S

SECTION

SECTION 30. Authenticated copies of wills proved out

37. Record of what is proved at time of proof the District admitted to probate.

bate ; how used. 31. Depositions of witnesses; when and how 38. Executor, or party offering will; how taken.

examined. 32. Parties interested may be summoned or 39. Will to be recorded and preserved in the notified by publication.

register's office. 33. Guardians ad litem may be appointed 40. Purchasers from heirs not affected by for infants and parties insane.

will, unless it is recorded, &c. 34. Court may then proceed to hear appli- 41. Term will, in this chapter, to include cation for probate.

codicil. 35. Motion for probate may be made ex parte. 42. How far this chapter operates on wills 36. Saving in favor of certain parties.

now made, and hereafter to be made. SECTION 1. Every person, except a married woman, may make a will devising real estate who, at the time of executing and acknowledging the same as hereinafter provided, is of the full age of twentyone years, of sound mind, and capable of making a valid deed or contract.

SEC. 2. All real estate, except estates tail, which might pass by deed, or which would, in the event of the proprietor dying intestate, descend to his heirs or devolve on his other representatives, may be disposed of by will.

Sec. 3. Any right or interest acquired in real estate by a testator after the making of his will, shall pass thereby in like manner as if possessed at the time of making the will, if such shall appear by the will to have been the intention of the testator.

Sec. 4. All the personal estate of a testator remaining at his decease, and all his right thereto and interest therein, may be bequeathed and disposed of by him in his last will and testament, subject to his wife's distributive share at common law; and all such estate not disposed of by will shall be administered as an intestate's estate,

Sec. 5. No will shall be effectual to pass or in any way affect an interest in real estate, unless it be in writing, subscribed by the testator, or some other person in his presence and by his express direction; and, moreover, unless it be wholly written by the testator, the signature shall be made, or the will acknowledged by him, in the presence of two or more competent witnesses; and such witnesses shall subscribe the will in the presence of the testator and of each other, but no form of attestation shall be necessary.

Sec. 6. No appointments made by will, in the exercise of any

« ΠροηγούμενηΣυνέχεια »