PROPERTY 
 
 AT COMMONS LAW AND UNDER MA8SACHU 
 TS STATUTES. 
 

 Qlnrnfll Cam Srlfonl Hibracy 
 
Cornell University Library 
 KFM2546.Z9B95 
 
 Tables of descent and distribution of re 
 
 3 1924 024 687 984 i.. 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924024687984 
 
TABLES 
 
 DESCENT. AND DISTRIBUTION 
 
 REAL AfiD PERSONAL PlPE^TY 
 
 COMiMOTSr LAW 
 
 AND UNDEB 
 
 MASSACHUSETTS STATUTES. 
 
 y^&'^^ BY 
 
 CHARLES E. BURKE AND CHARLES W. FRENCH. 
 
 1886. 
 
Entered according to Act of Congress, in the year 1886. 
 
 By Chaules E. Buiike and CuAiaE-s W. Fi:t:Nujr, 
 
 in the office of the Librarian of Congress, at Washington, D. C. 
 
 ALL HIGHTS RESERVED. 
 
 PRESS OF TUE SUN PUIHTIHG COMPANY. 
 
PREFACE. 
 
 No part of the law seems to have met with so many changes as that relat- 
 ing to the descent and distribution of property, and some of these changes 
 are full of significance. For they mark, decade by decade, the steady de- 
 velopment of the modern and enlarged views, taken of the family and the 
 rights of its individual members. Thus the law following close upon popu- 
 lar sentiment has put children on an equality, has shown the tendency to 
 equalize the positions of husband and wife, and now prefers members of the 
 family and their descendants to other relatives though nearer in degree of 
 relationship. But these changes, however beneficial some of them may have 
 been, are so numerous and various that they overburden and confuse the 
 memory that would trust to itself for an exact legal determination of the 
 rights arising on intestacy, and require in most of the numerous cases touch- 
 ing descent and distribution of property, a careful search of the statutes year 
 by year in each case for matter relating thereto. 
 
 The following tables have been made with the view of condensing and put- 
 ting in the most compact form the common law and the Massachusetts Stat- 
 utes relating to this subject, of making each table clear and complete in it- 
 self, and of enabling any one at all familiar with the most elementary legal 
 terms, to determine at a glance the law of this commonwealth, relating to 
 descent and distribution of property at the present time, or at any time in 
 the past. 
 
 Each table presents the law of descent and distribution of property as it 
 stood at the date indicated in the heading of each tabulation, and each 
 change occurring between the dates of two successive tables is set out in 
 full or in substance under the heading of Statutes, or Mass. Statutes, with 
 the chapter and year of its enactment. And such of these changes as remain 
 unrepealed, are, of course, incorporated into the riext succeeding table. So 
 that the law relating to this subject for any given year, may be found by re- 
 ferring to the table of that year, or if there is no tabulation for that year, to 
 the table immediately preceding that year and to the enactments subsequent 
 thereto, down to the given year. The numerous provisions relating to this 
 matter, scattered about in several chapters of the Public Statutes, together 
 with such subsequent enactments, as relate thereto, are set out in two tables, 
 one of personal property, the other of real estate. The Statutes and com- 
 mon law rules general in their character respecting this subject, are given 
 under the head of General Nofes, at the end of the tables, together with the 
 
IV PEEFACE. 
 
 authorities, and these notes are intended to supplement the tables so as to 
 present, so far as it can be done in a brief way, the whole subject of descent 
 and distribution of property. 
 
 It is hoped that this tabulation will save much valuable time, and, in prov- 
 ing useful in many ways to all, will fully meet the end intended. 
 
 In conclusion we desire to acknowledge our indebtedness to William L. 
 Smith, Esq., for his kindness in permitting us to make use of the table 
 showing the value of a widow's dower, given in his valuable book on Pro- 
 bate Law, and in permitting us to make use of such matter as was needed in 
 explaining the same. 
 
 PiTTSFiELD, Mass. May 31, 1886. 
 
CONTENTS. 
 
 PART I. 
 
 DESCENT OF REAL ESTATE AND THE RIGHTS THEREIN OF HUSBAND AND 
 
 WIPE. 
 
 PAGE. 
 
 Table of Descent at Common Law, 8, .5 
 
 Colony Laws Relating to Descent. 
 
 Statutes 1641, Dower, Distribution by the County Court. 
 
 Statutes 1646, Escheat. 
 
 Table of Descent of Real Estate under Statute 1693 4, 5 
 
 Descent under Mass. Province Laws, 5 
 
 Table of Descent under Mass. Statutes, 1788 6, 7 
 
 Mass. Statutes, 1789, 
 
 Discontinuing Provision for Oldest Son, 7 
 
 Descent under Mass. Statutes, 1805 8. 9 
 
 Mass. Statute, 1888, 
 
 Providing for an Illegitimate Child and his Mother, 9 
 
 Table of Descent under Revised Statutes, 10. 11 
 
 Curtesy, Dower, Half Blood 11 
 
 Mass. Statutes, 1849-1864, ' 12, 1.5 
 
 Statute 1849, Provision for Widow. Statutes 1851, Provision for an Illegiti- 
 mate Child, and Adopted Children. Statutes 1853, Relating to Illegitimate 
 
 Children 12 
 
 Statutes 1854, Provision in Lieu of Dower and Waiver of Will by Widow,. .. 13 
 
 Table of Descent under General Statutes 14, 15 
 
 Mass. Statutes 1871-1876, 16, 17 
 
 Statutes 1871, Provisions for Adopted Children. Statutes 1874, no Curtesy in 
 
 Lands Mortgaged to Secure Purchase Money 16 
 
 Statutes 1876, Provisions for Adopted Children, 16, 17 
 
 Table of Descent under Statutes 1876, 18, 19 
 
 Mass. Statutes 1877-1880 ; 18, 19 
 
 Statutes 1877, Provision for Husband unprovided for by Wife's Will and 
 
 having no Right to Curtesy. Statutes 1880, Provision for Husband or Wife 
 
 when there is no Issue living, and Provision for Issue of Brothers and 
 
 Sisters. Statutes 1881, Provision of Statutes 1880, is after the payment 
 
 of the Debts of the Deceased 19 
 
 Table of Descent imder Public Statutes,- 20, 21 
 
 Provision for a Child Adopted by the Laws of another State. 
 
 Statutes 1883, Statutes 188.5, A Wife cannot by Will merely deprive her Husband 
 of Curtesy or other Life Interest in one-half her Real Estate. Statutes 
 1885, Amendment of P. S. by striking out "If his Wife does not Provide 
 otherwise in her Will, 21 
 
 PART n. 
 
 DISTRIBUTION OF PERSONAL PROPERTY. 
 
 PAGE. 
 
 Tables of Distribution at Common Law, 24 
 
 Glanville's Time 24 
 
 Statutes Westminster H., > 24 
 
 Statutes Edward in., 24 
 
 Tables of the Rights of Administration at Conimon Law, 25 
 
 Statutes Henry VIIL, 25 
 
 Tabulation of Statutes 22 and 23 OarolusIL, .■ ^ 26 
 
•VI CONTENTS. 
 
 PAGE. 
 
 Tabulation of Statutes I Jacobus II., *" 
 
 Colony Laws Belating to Distribution *° 
 
 Statutes 1641, Distribution by the County Court. Statutes 1640, Escheat, 28 
 
 Tabulation of Statutes 1692, ^' ^ 
 
 on 
 
 Mass. Province Laws, 
 
 Tabulation of Mass. Statutes, 1783 30' ^1 
 
 Mass, Statutes 1789, 
 
 Discontinuing the Provision for Oldest Son 31 
 
 Mass. Statutes 1802, 
 
 Providing for an Allowance to Widow when the Estate is Insolvent 31 
 
 Tabulation of Mass. Statutes 1805 32,33 
 
 Mass. Statutes 1816, 
 
 Providing for a Further Allowance to the Widow, 33 
 
 Mass Statutes 1828, 
 
 Providing for an Illegitimate and his Mother, 33 
 
 Tabulation of Eevised Statutes 34,35 
 
 Allowances. Halt Blood, 35 
 
 Mass. Statutes 1888-16(54 36, 37 
 
 Statutes 1838, Provision for Apparel and Ornament of Widow and Minor 
 Children, and Necessaries. Statutes 1842, Allowances where there is no 
 Widovv. Statutes 1851, Provisions for Illegitimate Children. Stat- 
 utes 1851, Provisions for Adopted Children, 36 
 
 Tabulation of Geiieral Statutes, 88,' 39 
 
 Allowances and Advancements 39 
 
 Mass. Statutes 1861-1876 39 
 
 Statutes 1861, 1871, Rights of Widow on Waiver of Will. 
 
 Statutes 1871, 1876, Provisions for Adopted Children 39 
 
 Tabulation of Mass. Statutes, 1876, 40, 41 
 
 Statutes 1880, Provision for Issue of Brothers and Sisters, 41 
 
 Tabulation of Public Statutes and Statutes 1882, 42, 43 
 
 Statutes 1884, The Husband is not to be deprived by his Wife's Will, without his 
 written consent, of his Tenancy by the Curtesy, his Life Interest in one- 
 half her -Heal Estate, or of more than half her Personal Property, 43 
 
 Statutes 1885, Give the Widow all the Personal Property where there are no 
 
 Kindred, 43 
 
 General Notes : 45, 51 
 
 Cestui Que Trust's Estate. Trustee's Estate. Quantity of a Trus- 
 tee's Estate and its Descent. Dower and Courtesy where there is a Trust 
 Estate 45 
 
 Wild Lands not Subject to Dower. Dower in Equity of Redemption. 
 
 No Dower in Lands Mortgaged to Secure the Purchase Money. Cumu- 
 
 lative Provisions for the Widow. Descent, etc., of Demises for 100 
 
 Years or more. Rights of the Widow on Waiving her Husband's Will,.. 46 
 
 Next of Kin. Computation of Degrees of Kindred 47 
 
 Children. Adopted Children. Children unprovided for by Parent's 
 Will. Posthumous Children, 48 
 
 Devise or Legacy not Lapsed. Descent of Estates Tail. Surplus- 
 
 age from Sale under a Power of Sale Mortgage. Advancements. 
 
 Agreements for the Conveyance of Lands, 49 
 
 Mortgaged Property in Trust. The Present Value of Life Estates 50 
 
 Table, showing the Present Value of a Widow's Dower 51 
 
EXPLANATION OF THE FOLLOWING 
 TABLES. 
 
 In the first column on the left of the tables is contained the intestate, and 
 where the law attaches qualificalions to such intestate those qualifications are 
 specified. On each side of any column there may be dashes, blank spaces, 
 or letters or characters of reference. 
 
 A dash denotes that there is no such relation as indicated at the head of 
 that column in which it occurs ; a blank space indicates that it is immaterial 
 to the given case whether there is or is not such relation as indicated at the 
 head of that column, and characters or letters referring to the bottom are 
 there explained ;" all of which show the conditions under which relatives are 
 entitled to take. 
 
 To find what a given person will take, first find by referring to the proper 
 pages whether any changes have been made between the given date and the 
 table immediately preceding that date relative to the given relation. Then 
 look along the heads of the columns in such table for such relation, and down 
 the column having such relation at its head for any provision contained 
 therein. Look also down the column containing the intestates for the intes- 
 tates standing opposite such provisions. Whichever of such provisions has 
 opposite an intestate with the same qualifications, if any, and the same fail- 
 ure of relatives as in the given case, that provision is the one required. 
 
 For illustration, let it be required to find what real estate the mother of an 
 intestate was entitled to in 1846, the intestate having left no wife, no issue 
 no father. It will be seen on page 12 that there is no separate table for that 
 year, and that no changes were made relative to the mother's share subse- 
 quently to the Revised Statutes, tabulated on pages 10, 11. Therefore such 
 provision for the mother as was made in the Revised Statutes was the provi- 
 sion in force at that date. Find now in the table of Revised Statutes under 
 ' Descent of Real Property pages 10, 11, " Mother " at the head of the eighth 
 column, and also find such intestate in the column at the left as is without 
 the given relatives. 
 
 Such intestate is found in the seventh of that column, and opposite this in 
 the column headed Mother it is found that she was entitled to take equally 
 with the brothers and sisters and their deceased brothers and sisters' children 
 who take by right of representation. 
 
 Except in the table of Descent of Real Property at common law (pages 2 
 3), which is not included in this explanation, all relations expressed in these 
 
VIU EXPLANATION OF THE TABLES. 
 
 tables are the relations of the intestate unless they expressly appear other- 
 wise. And in all cases where brothers and sisters' children or issue are said 
 to take by representation or right of representation, it must be understood 
 that the reference is to children or issue of deceased brothers and sisters. 
 
 ABREVIATIONS. 
 
 Bros., . Brothers. 
 
 C. and Chap., - _. . Chapter. 
 
 Gen. Sts. , - - . General Statutes. 
 
 P, S. and Pub. Sts., Public Statues. 
 
 Rev. Sts., Revised Statutes. 
 
 St., - Statute. 
 
ERRATA. 
 
 Page 16, lines 8, 13, after " 1876," read " c. 21S." 
 " 40, heading of the five right hand columns, read " Next of Kin of the Half and 
 
 Whole Blood." 
 '■ 45, line 13, for " § 364," read " § 384." 
 " 50, note, for " Sts. 1886," read " Sts. 1861." 
 
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 naqjA aioqM 
 
 ax\% ui saJBqs g 
 
 ■uos 
 japio pasBaaap jo anssj 
 
 1 
 
 
 
 
 ■puBqsnii 
 
 
 
 •aAjiB 
 ujoq et pijqo B 
 ji isa^jno aqj 
 Aq AouBnaj, 
 
 •aj!M. '^ = g 
 
 5 55 
 
 
 
 
 \i 
 
 
 
DE8CKNT or RHAL PEOPERTY. 
 
 
 
 
 
 
 
 
 
 
 
 •q^IjAiaoui 
 
 -moo aqi 
 
 0} B^Baqosg: 
 
 Equally. 
 
 
 
 s 
 s 
 
 "3 oj 
 
 II 
 
 
 5 
 
 
 
 
 Take such 
 child's share. 
 
 TheBros.and 
 Sisters take 
 
 equally with 
 the mother. 
 
 
 
 
 
 S^ 
 
 
 
 
 
 3 
 
 
 
 
 
 
 i 
 
 
 •jam'Bj aio uiojj 
 amuis.sis^-soja 
 
 
 
 
 
 ^ 
 
 
 
 
 
 
 i 
 
 
 
 g 
 
 
 
 
 
 
 
 
 
 
 
 3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 -i 
 
 - ^ 
 
 - -*- -i- -H 
 
 i i i 
 
 
 -H -1 
 
 i 
 
 ' TT 
 
 1 : 
 
 M 
 
 * T 
 
 
 
 
 
 
 t * 1i 
 
 1 I 
 1 
 
 1 
 
 i 
 
 •* 
 ■ 
 ■ 
 
 - 
 
 1 
 
 :> f 
 
 3 \ 
 
 \k 
 
 •> 
 
 ) 1 
 
 7 
 
 i*« 1 
 
 ill 
 
 1 
 
 i 
 
 o 
 
 § 
 
 5 
 
 .gl 
 
 
 ■" £ S 
 
 :;^ SS 
 
 s-s &? 
 
 
 
 
 SB ? 
 
 CO E3jH 
 
 T3"ja 
 1-2^ 
 
 lib 
 
 'Ss SOS fflt. 
 
 !s4 
 
 1? 
 
 ■«6f*"-2oSS 
 
 ? eS.a'-^'o £^J3 
 
 l§oaS«'S"£ •= ^''■' 
 
 " S 9 ^ (U+=CJ r- +^^tj 
 
 Is 
 
 .s-a 
 
 
 a«l 
 .5 X 
 
DESCENT OF EEAL PEOPEETY. 
 
 Q 
 
 P4 
 
 Q 
 
 << 
 Q 
 
 < . 
 
 n o 
 oo 
 
 M O 
 
 W2 
 
 US'" 
 
 w 
 
 QS 
 m 
 
 »:) 
 
 
 .2 b 
 
 
 
 P4 
 O 
 
 U 
 09 
 
 n 
 
 5«3 
 
 O ti o 
 
 ■** "^tw 
 43 V O 
 
 MS© 
 
 d V (V 
 
 SI'S 
 
 ja So 
 
 '' a 5 
 20* 
 
 'SS'o 
 ■gta§ 
 
 i.sl 
 
 aoJ? 
 
 s«s 
 ■S«s 
 
 gwg 
 
 as 
 
 q <i> 
 '5 " 
 
 II 
 
 ■pajpuiii ON 
 
 
 
 
 
 
 a^B^sajui 
 aqj niojj saajSap juajaj 
 -jip ni paAoraaj sJo^saouB j 
 qSnoaqi Smrareio asoqx i 
 
 ■ni3( JO }xau ajB 
 jJaqj ji jo^saouB auiBs 
 raojj Suinireio asoqj; 
 
 
 •saajsis pue -soja 
 UMO s.aj'BisajU! aqi nioJj 
 a}B}sa?ni aq; o% amBO li% 
 -aadoad aqi uaqM 'uoijB^ 
 -uasajdaj iq sja^sig pue 
 ■soaa pasBaoap jd anssi 
 aqi puB 'sjaqsig pun BOja 
 
 
 •najpnqo s.jajsjs 
 puB Sijaqjojg pasBaoaQ 
 
 3 
 
 •sjajsig puB saaqjojg 
 
 3 
 
 uaqjOK 
 
 ■S 
 
 ■JaiU«>i 
 
 % 
 
 
 ■piiqo 
 pasBaoap jo anssi 
 
 Take by repre- 
 sentation with 
 the intestate's 
 children. 
 
 Take by repre- 
 sentation with 
 .the intestate's 
 children. 
 
 
 
 ■uaipnqo 
 
 Besidue, and 
 whole when 
 dower ends. 
 
 Take equally 
 
 and with the 
 
 lawfullssue of 
 
 deceased 
 
 children 
 
 in residue, and 
 
 whole when 
 
 dower ends. 
 
 Take equally 
 and with the 
 lawful issue of 
 deceased chil- 
 dren the whole 
 when curtesy 
 ends. 
 
 
 
 •puBqanji 
 
 
 Tenancy 
 by curtesy 
 if a child is 
 bom alive. 
 
 - -t 
 
 
 ■8J!M 
 
 1 1 
 
 e e 
 
 * 
 
 * 
 
 
 
 1 . 
 
 1 ' 
 
 \ k 
 
 I 
 
 :> 
 3 n 
 
 
 3 
 
DESCENT OF EEAL PEOPEKTY. 
 
 
 
 
 
 
 'miBaMuoui 
 
 -luoo Q^^ 
 
 Equally to 
 
 those 
 claiming 
 through 
 
 nearest an- 
 cestor- 
 
 
 Equally to 
 those of 
 same de- 
 gree. 
 
 
 
 ■§ S 
 
 
 
 
 T' 
 
 1 
 
 i 
 
 1 
 
 
 All. 
 
 1 
 
 [ j ; 
 
 
 1 1 
 ■ I 
 
 ! 
 
 
 
 i 
 I 
 
 
 
 
 
 
 1 
 i 
 
 i 
 
 -i 
 
 -» 
 
 
 
 * 
 
 ■K 
 
 
 1 
 1 
 
 9 
 
 I 
 £ S 
 
 a ^ 
 
 3 
 
 H 
 
 
 j 
 
 r 1 
 
 
 ■5= ^ 
 
 'S^fisSS 
 
 ^5 
 
 5 c 
 
 
 
 
 53 -{^ 
 
 r^ ce 
 
 
 a.^ 
 
 
 
 -=3^ 
 
 
 3 Si 
 
 c8 n fe 
 
1<") 
 
 DESCENT OF REAL PROPERTY. 
 
 ^ to 
 
 o 8 
 
 r? (11 
 
 .^:a 
 
 §g Is 
 «5 II 
 
 .3^ 
 
 (S o 
 
 a Ph oi" = 
 
 ■^ W teog 
 
 C300 SS* 
 
 „ CD S.S s 
 mP III 
 
 ^ a:) S 
 
 sis 
 
 (D ^O 
 
 -tJ © 3 
 
 S^O 
 
 
 
 -SsJs to 
 -t' CO dJ 
 
 .tif 
 
 .£■0 ! 
 
 — CD . 
 
 ■pa.ipu!H OK 
 
 
 
 
 
 
 
 ■s.iojsaauB jna,iaB!P 
 rao.ij SuimiBp asoqj. 
 
 
 JO jxau aqj ajB Aaqj 
 ji ..lojsaouB aniBS am 
 uiojj SnimiBio asoqx 
 
 Bqually 
 to those 
 
 ■sjajsis 
 puB -soag s.a^Bjsaj 
 -ui aq^ JO iHa.iBd aqi 
 mb.ij ajBjsajui aqj oj 
 papuaosap ajBjsa aqj 
 uaqM 6,}S!S puB 'soaa 
 pasBaoap'jo anssi ain 
 puB sjajsig puB -scia 
 
 
 
 ■na.ipnqo iSiajsig puE 
 iSjaqjoja pasBaoaa 
 
 Take with 
 the mother 
 
 and Bros, 
 and Msters 
 
 by repre- 
 sentation. 
 
 
 ■sjajsjs puB saamojg 
 
 Equally 
 with the 
 mother and 
 children of 
 deceased 
 Bros, and 
 Sisters by 
 representa- 
 tion. 
 
 Whole 
 equally. 
 
 
 :.iaqjOK 
 
 •aamowpaujBoiun = _> 
 
 with Bi'os. 
 and Sisters 
 
 and their 
 
 children by 
 
 i-epresenta- 
 
 tion. 
 
 6 
 c 
 
 is 
 
 
 c 
 
 
 ■jaqjB,a 
 
 All. 
 
 
 
 uo.ipiiqo pasBaaap 
 JO aussi ajBiuiJiaai 
 
 ? e £ I I 
 
 1 
 
 ■ua.ipiiqo ajBunjiSaill 
 
 B ^ si 
 
 i 5 i 
 
 uaapiiqo a^BojjjiaaT 
 
 Residue, 
 and when 
 dower ends 
 the whole. 
 
 All when 
 
 curtesy 
 
 ends. 
 
 Whole. 
 
 : 1 
 1 I 
 
 ! ' ; 
 ; 1 
 
 ■puBqsuH 
 
 Tenancy by 
 the curtesy 
 if a child is 
 born alive. 
 
 — t 
 
 
 r- 
 
 ■ajliVi 
 
 <p 1 
 
 * 
 
 ^. — _ 
 
 
 
 
 Intestate unmarri- 
 ed, mother of an 
 illegitimate child. 
 
 An illegitimate in- 
 testate child, with- 
 out lawful issue, 
 and whose parents 
 have not inter- 
 married. 
 
 Intestate, 
 
 = 
 
 C 
 
 c 
 
 
 
 
DESOKNT OP EEAL PEOPEETY. 
 
 11 
 
 
 
 
 
 -moo 9^ 
 0% s^Bonosa; 
 
 Equally 
 to those 
 claiming 
 
 from 
 nearest 
 ancestor- 
 
 
 in same 
 degi'ee. 
 
 Equally 
 to those 
 in same 
 degree. 
 
 
 
 Whole. 
 (Issue of de- 
 ceased Bros, 
 and Sist'rs take 
 by right of rep- 
 resentation.) 
 
 Whole. 
 (Issue of de- 
 ceased Bros, 
 and Sisfrs take 
 bv right of rep- 
 resentation.) 
 (c) 
 
 
 
 
 
 
 
 
 ■ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 I 
 
 1 
 
 
 
 
 
 
 
 
 
 i 
 
 
 
 -* 
 
 T 
 
 -t- -r 
 
 1 
 1 
 
 ■i 
 
 
 i 
 
 « 
 
 * 
 
 i 
 
 * 
 
 
 
 
 ^ 
 
 g 
 c 
 
 1 
 
 ill 
 
 ill 
 
 •■ i 
 
 3 
 
 > c 
 
 3 X 
 
 \ 
 
 0'53 
 
 •a 3=0 
 
 
 
 R ™ ,« 
 
 M « 
 
 ■So 
 
 
 
 "lis 
 
 "3 
 
 tLj ^ ^4 bw >: -r- CD 
 
 PQ s; 
 
 § ■s 
 
 ^ a 
 
 S«t|o: 
 
 Ci ='■8^ SSI's! 
 
 -■a S^ jjH H-g.»>?B.:: S.2 s 
 
 S3S-S-?^|sS§gils>-S 
 
 .a-a»t^oJss.a^*§s"'S° 
 
 b 8.2 asR o* oj-g 0) o-S^<ii 
 
 l2i.^°| 1 15-12 
 
 
 .aSTsgeo 
 
 » (JJ rt 03 O 
 
 9 3'Sl 
 
 
 03 „. 4) c! 1» 
 
 S|g|fe 
 5fe^.2 5g|sg 
 
 .SjaT5 o^ 
 
 ■■-^ ■§ ."S S 
 S-".* E ° dK^ a„ oS 
 
 eg £»6J0a3 a 
 
 -^ OJ tH s S 
 
 ally's 
 1 g£-c5 
 
 ■s £i:&^ 
 
 3 a *_^ to ® 
 
 » 
 
 MS 
 
 2 =8 i. '_ - 
 TJ OO „, CO &D 
 
 s ? OJ S'".2 
 T3 t^C ?5.£3^ 
 
 ■S 
 
 ■O 
 
 * c >> 
 
 J Op* 
 
 =• LS^Sap~«ca.H 
 
 o +3t;:i oi 53 
 
 ■s°^as- 
 S.g go g £ 
 „°-e«'o i2 ■ 
 
 "8 35 '^§3 03.2 
 
 ■CO w 03+3 a^ 
 
 0SS5g53s»g 
 
 a ^s^ .s£ 
 
12 DESCENT OF REAL PEOPEETY. 
 
 STATUTES RELATING TO THE DESCENT 
 OF REAL ESTATE. 
 
 Massachusetts Statutes 1S4P, Chap. 8"/. 
 
 PrOTision for "Widoiiir. — " When any person shall die seized of any 
 real estate, in fee simple, or for life of another, not having devised the 
 same, and shall leave no kindred, so that such real e'state would, by law, 
 escheat to the Commonwealth, if such intestate shall leave a widow, such 
 widow shall be entitled to take and hold such real estate, in the same man- 
 ner as she would have taken the same had she been heir to the intestate." 
 
 Massachusetts Statutes 18^1, Chap. 211. 
 
 ProYisions for Illegitimate Children.—" Every illegitimate child 
 shall be considered as heir of his mother, and any maternal ancestor, and 
 shall inherit the estate of such mother or ancestor, in whole or in part, as 
 the case may be, and the same shall descend from such ancestor to the law- 
 ful issue of such illegitimate person in like manner as if he had been born 
 in lawful wedlock." 
 
 Massachusetts Statutes i8ji, Chap. J24, §§ 6 and 7. 
 
 ProYisions for Adopted Children.— § 6. A child adopted accord- 
 ing to the provisions of this Statute, §§ 1-5, "Shall be deemed, for the 
 purposes of inheritance and succession by such child, custody of the person 
 and right of obedience by such parent or parents by adoption, and all other 
 legal consequences and incidents of the natural relation of parents and 
 children, the same to all intents and purposes as if such child had been born 
 in lawful wedlock of such parents or parent by adoption, saving only that 
 such child shall not be deemed capable of taking property expressly limited 
 to the heirs of the body or bodies of such petitioner or petitioners, [for 
 adoption.]" 
 
 § 7. "The natural parent or parents of such child shall be deprived by 
 such decree of adoption of all legal rights whatsoever as respects such 
 child ; and such child shall be freed from all legal obligations of mainte- 
 nance and obedience, as respects such natural parent or parents." 
 
 Massashusetts Statutes i8^s. Chap. 2jj. 
 
 Relating to Illegitimate Children.—" When, after the birth of an 
 illegitimate child, his parents have intermarried, or shall intermarry, and 
 
DESCENT OF REAL PEOPEETl'. 
 
 13 
 
 his father has acknowledged, or shall, after the marriage, acknowledge him 
 as his child, such child shall be considered as legitimate, to all intents and 
 purposes." 
 
 Massachusetts Statutes 1854, Chap. 406, §§ / and 4. 
 
 PrOYisions in Liieu of Dovrer.— § i. "When any man shall die 
 seized of any lands, tenements or hereditaments, or of any right thereto or 
 interest therein in fee simple, not having lawfully devised the same, and 
 leaving a widow but no issue, the widow shall be entitled to one-half of the 
 said estate during the term of her natural life." 
 
 55 3 Provides that if there is no issue, and the personal estate after paying 
 all debts amounts to not more than $5,000, the widow shall be entitled to 
 the whole personal estate ; if it arhounts to more than $5,000 and less than 
 $10,000 in value, she shall be entitled to $5,000 out of the same ; if the res- 
 idue amounts to $10,000 and upwards, she shall be entitled to one-half 
 thereof. 
 
 § 4, "The foregoing provisions of this act shall be in lieu of the widow's 
 dower, at her election ; and her election of the provisions of this act, in 
 preference to her dower, shall be presumed unless she files in the probate 
 office her election to claim her rights of dower in lieu of the provisions of 
 this act, within six months of the date of the letters of administration." 
 
 Massachusetts Statutes 1834, Chap. 428. 
 
 Rights of "Wido-w on "Waiver of "Will.--" When any man shall 
 die, having lawfully disposed of his estate by his will, and leaving a widow, 
 the widow may, at any time within six months after the probate of the will, 
 waive the provisions made for her in the will ; and she shall in such case be 
 entitled to such portion of the real and personal estate, as she would have 
 been entitled to if her husband had died intestate : provided, however, that 
 the widow shall not, in any such case, be entitled to receive more than ten 
 thousand dollars out of the personal estate." Repealed by General Stat- 
 utes, chap. 182, and similar provisions without the limitation to ten thou- 
 sand dollars, were substituted. Gen. Sts., chap. 92, § 24. 
 
 The above Statutes, viz., 1849, chap. 87, 
 
 I85I, 
 
 ' 211, 
 
 I85I, 
 
 ' 324, 
 
 1853, 
 
 ' 253, 
 
 1854, 
 
 ' 406, 
 
 1854, 
 
 ' 428, 
 
 were repealed by General Statutes, chap. 182, and similar provisions were 
 substituted. 
 
14 
 
 DESCENT OF REAL PEOPEETY. 
 
 o 
 
 1^ 
 o 
 
 < 
 
 i 
 
 o 
 
 g 
 g 
 
 3 
 
 •pajpniH o>i ; 
 
 
 
 
 
 
 
 
 
 
 'sjo^saauB 
 ^uajaBlP qSnojq^ ; 
 SuiraiBio asoqi i 
 
 •nra JO ixau aqj : 
 ajB Aaq} ji jojsao j 
 -UB aniBs qSnojqi 
 
 SuimiBio asoqi 
 
 ■gja^sig 
 puB sjaq^oja UAiO 
 a^aiB^saiui aqi jo 
 ^ua.iBd aqj tnoaj 
 ajBjaaiui aqi o} 
 papuaasap a^B^sa 
 aq^ a.iaqM saa^stg 
 puB -soja pas.oap 
 JO anssi aqj puB 
 sja}sjs puB 'soig 
 
 
 "uajpiiqo s^ja^jsig 
 puB -sojg; PiSiOaa 
 
 s 
 
 ■sjajsis 
 puB sjaqjoja 
 
 s 
 
 p 
 
 •aaq^om; 
 
 
 
 
 
 
 
 •jaq^B^ 
 
 
 S 
 
 
 
 
 a 
 
 t3 
 
 ■< 
 
 •jaqjoH 
 
 ■jaq^oK peLUBUiufi ^ 
 
 U s^ 
 
 
 S3 
 
 Residue, 
 and when 
 life estate 
 ends, all. 
 
 (d) 
 Whole 
 
 
 
 
 ■u.piiqopAoapjo:^, 111 1 " 
 anssi aqreraijiSaTC 'i | hi ^ 
 
 
 
 ' uajpuqa 
 pa?aopB XiiBSaT: 
 
 § 1 
 
 3 
 
 
 
 ■najpijqo 
 a^BiniiiSani 
 
 3 
 
 5 
 
 2 1 
 
 
 
 •uajpuqn 
 ajBoiijiSai 
 
 Residue 
 equally and 
 
 all when 
 dower ends 
 
 
 
 
 Whole 
 when cur- 
 tesy ends. 
 
 No child 
 bom. 
 
 
 
 •puBqsnH 
 
 
 
 Tenancy by 
 the curtesy 
 if a child is 
 bom alive. 
 
 
 •3JIAV 
 
 (Dower.) 
 for life.* 
 
 
 
 ss 
 
 
 2 
 1 
 
 ■ 
 ■ 
 
 
 
 3 
 
 married mother of 
 
 an illegitimate 
 
 OhM. 
 
 testate child with- 
 out lawful issue, 
 and whose parents 
 have not intermar- 
 ried. St. 1851, 0. 
 211. (e) 
 
 Pi 
 
 3 
 
 § 
 
 § 
 
 o 
 a 
 
DESCENT OF REAL PKOPEETY. 
 
 15 
 
 
 
 
 
 
 
 TO'BaAl.UiUl 
 
 -moo aqi 
 0} B}Baqosa 
 
 
 
 Equal to 
 those in the 
 same deg. 
 claiming 
 tlu'o' the 
 nearest an- 
 cestor. 
 
 
 
 
 Equally to 
 
 those in 
 
 equal deg's 
 
 ] 
 
 * 
 
 
 
 1 
 
 ■ 
 
 
 I 
 
 1 
 
 i 
 
 
 
 I i 
 
 
 i 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 i 
 
 
 
 
 
 
 1 
 
 
 
 
 i 
 1 
 
 1 1 
 
 I 
 
 
 
 
 1 
 
 
 ! 
 
 
 
 
 
 
 
 j 
 
 
 Whole. 
 
 (g) 
 
 (g) 
 
 i 
 
 i 
 < 
 
 j 
 
 < 
 
 ill. 
 
 1 
 
 1 
 
 ; c 
 
 3 T 
 
 'Z 
 
 : -c 
 
 
 
 si: 
 
 ^ w.£3 :;: 
 
 
 c3 
 
 as 
 
 °1« " 
 
 
 eg 
 
 rt o 
 
 
 
 2.9 § 
 
 is 
 
 
 K 
 
 ^ i - 
 
 
 §§.s 
 
 0) 
 
 2 1: 
 
 (U » © o 
 
 SIS I 
 
 C <3 p pj 
 
 i> ,. o 
 
 
 91 t4 
 
 §'OdS 
 
 O 00 M 
 
 J I 
 
 ce c 
 *c5 
 
 3sg g g 
 
 -.cg£f 
 a F no 
 
 p: 
 
 o 
 
 F^T^ 
 
 fl 
 
 c 
 
 c 
 
 ^ 
 
 s 
 
 
 ^ 
 
 s 
 
 '^ Eg 
 t!.a 5 2 
 
 3 0:5 o g —O'er 
 
 •v-t;'?^ :i: o t- o 
 
 ago 2.Ss^ 
 
 ^2ff S3-"to2 
 
 0)^ eg » <D eel ^ I- 
 
 ■a a o.a»=B !;■" 
 oa*^-g o o5 o 
 
 o o.^© t^ S'o ^ 
 
 5 53 S So gij| g'B g.a.SS^ o|g.s 
 I ■?"* ^a« •-«•" "S* 
 
 r3§'3lgoi*'|Stg^8g-3|j 
 
 "pQfQ Ja tn ^ S 3 1^J3 -'-' P-i ^^ t. 
 
16 DESCENT OF REAL PEOPEETY. 
 
 STATUTES RELATING TO THE DESCENT 
 OF REAL ESTATE. 
 
 Massachusetts Statutes iSyi, Chap, jio, §§ S, p. 
 
 PrOYisions for Adopted Children. — g 8. A child or person adopted 
 according to the provisions of this chapter, " shall be deemed for the pur- 
 pose of inheritance, and all other legal consequences of the natural relation 
 of parent and child, to be the child of the parent or parents by adoption, 
 as if born to them in lawful wedlock, except that he shall not take property 
 expressly limited to the heirs of the body or bodies of the parents by adop- 
 tion, nor property from the lineal or collateral kindred of such parents by 
 right of representation." Repealed by Statutes 1876, § 14. 
 
 § g. " Such adoption shall terminate all the rights, obligations and legal 
 incidents and consequences of the relation of parent and child between the 
 child or person and his natural parents, except the right of the child or per- 
 son to take property as heir or next of kin of his natural parents or kindred 
 directly or by right of representation." Repealed by Sts. 1876, §14. 
 
 Massachusetts Statutes iS'/4, Chap. 184, § 2. 
 
 The Husband is not to haire curtesy in his wife's property- 
 mortgaged to secure the purchase money at the same time 
 that the deed is given.—" When a deed of land is made to a married 
 woman and at the same time she mortgages the same to the grantor to se- 
 cure the payment of the whole or any part of the purchase money, or to a 
 third party to obtain the whole or any part of such purchase money, the 
 seizin of such married woman shall not give her husband any estate by the 
 curtesy as against such mortgagee.'' This chapter was repealed by Public 
 Statutes, chap. 324, but this same provision was substituted in Public Stat- 
 utes, chap. 124, § 2. 
 
 Massachusetts Statutes i8'/6, Chap. 21J, 8 S. 
 
 The Descent of Property to and from Adopted Children.— 
 
 " As to the inheritance of property any person adopted in accordance with 
 the provisions of this act, shall take the same share which he would have 
 taken if born to said adopting parent in lawful wedlock, of any property 
 which such parent could have devised by will. In respect to inheritance 
 also, he shall stand in regard to the legal descendants, but to no other of the 
 
DESCENT OF REAL PKOPEETY. 17 
 
 kindred, of his adopting parent in tlie same position as if born to him in 
 lawful wedlock. In case the person adopted dies intestate, his property, ac- 
 quired by himself, or by gift or inheritance from his adopting parent or the 
 kindred of such parent, shall be distributed according to the provisions of 
 chapters ninety-one and ninety-four of the General Statutes, among the 
 persons who would have been his kindred if he had been born to his adopt- 
 ing parent in lawful wedlock ; and any property received by gift or inheri- 
 tance from his natural parents or kindred, shall be distributed in the same 
 manner as if no act of adoption had taken place ; such distribution to be 
 ascertained in such manner as the court may decree. No person shall, by 
 being adopted, lose his right to inherit from his natural parents or kindred." 
 
 The term Child embraces an Adopted Child in certain ca- 
 ses. — § 9. " The term child or its equivalent in any grant, trust-settle- 
 ment, entail, devise or bequest, shall be held to include any child adopted by 
 the settler, grantor or testator, unless the contrary plainly appears by the 
 terms thereof ; but in no other case shall a child by adoption have, under 
 such an instrument, the rights of a child born in lawful wedlock to the 
 adopting parent unless it plainly appears to have been the intention of the 
 settler, grantor or testator to include an adopted child : provided, however, 
 that nothing in this act shall be construed to restrict any right to the succes- 
 sion to property which may have vested in any person already adopted in 
 accordance with the laws of this Commonwealth." 
 
 Rights of Children adopted in another State. ~§ 11. "Any 
 inhabitant of any other State, adopted as a child in accordance with the 
 laws thereof, shall upon proof of such fact, be entitled in this Common- 
 wealth to the same rights, as regards succession to property, as he would 
 have enjoyed in the state where such act of adoption was executed, except 
 in so far as they conflict with the provisions of this act." 
 
 This chapter was repealed by Public Statutes, chap. 224, and provisions 
 similar to §§ 8, g, 11, were substituted in chapter 148 of Public Statutes, 
 §§ 7. 8. 9. as the table of the Public Statutes will show. See page 20. 
 
IS 
 
 DESCENT OE EEAL PEOPEETY. 
 
 03 O S,5 
 
 ^.1 
 
 {3 n 
 
 =" «i • ■ 
 
 o fj -a™ 
 
 03 "S 
 
 OQ ra 
 
 * m 
 
 S !D 
 
 a> g 
 
 S "'i 
 ■a •/; S2 
 
 _fl re 3 
 
 ga13 
 
 ■g£.s 
 
 III 
 
 <l> 
 
 - QJ 
 
 <M "d 
 o rt 
 
 c3 
 
 11) -H 
 
 » M 
 D 
 
 S PI 
 
 -d . 
 c3 
 
 OB 
 (D . 
 ■>f OS 
 2 -H 
 
 miM 
 
 f^ o 
 P4 
 
 00 
 
 a 
 
 o 
 m 
 <s 
 O 
 
 c8 O*' 
 
 Sal 
 
 O _+3 
 
 3c = 
 " ?^ a> 
 
 f- r^ OT 
 ™£ C 
 
 a«£ 
 *Sja 
 --a 
 TS a> a 
 StI" 
 
 03 o c8 
 
 .SWo 
 
 S rf QJ 
 
 "■PS 
 
 ^' 
 
 a)T3 
 ■a a 
 
 5a 
 
 ■paipmx OK 
 
 •SJOJS80ai3 
 
 -ap iCTfia m asoii j 
 
 ■my[ JO ^xan 
 oju /aqj ji jojsao 
 -UB ani'BS qSnojqj 
 
 'SJa^sis pu'B "SOJa 
 pasBaoap jo anesi 
 
 •uoi^dopB 1^:^ 
 -31 ^q puB sjajsps 
 puB ■soja iBan-jBti 
 
 •.laq^OK 
 
 ■.lamBa 
 
 uaq^OK 
 
 ■jaq^BiC 
 
 
 •aaapnqa 
 
 pasBaaap jo 
 
 anssi e}Buii}i2ai 
 
 •uaipisqo 
 pajdopB AiiBSai 
 
 •uajpnqo 
 a^Buii:n'Sam 
 
 "ua-ipuqa 
 a;Bini^i*faT 
 
 s-agg 
 Sa^« 
 
 ■poBqsnH 
 
 ■ajlM 
 
 J3^ 
 
 
 X 
 
 13"S "S P in Pi 
 
 3S 
 
 (13 t* 
 
 -> fe to 
 
 ■a 
 
 a£ 
 
 a 
 
 -f3 o p,a3 4J 
 
 . "-■ "^ (U d ±5 O -M 
 
 "C "O "D 
 
DESCENT OF REAL PEOPEETY. 
 
 19 
 
 -moo 911^ 
 
 0^ S^'B9q08g 
 
 , CO on 
 
 hi® 
 
 O 0} 
 
 pTJ-i o <u o 
 
 
 ■W (P V. (U ■ 
 
 •a ml-' 
 
 .-.S 3 5= 3 
 
 
 
 
 Jfe, 
 
 
 
 
20 
 
 DESCENT OF EEAL PEOPEETY. 
 
 jat! 
 
 .a . 
 
 .a » 
 
 si 
 
 .gi3 
 
 SB 
 
 ■ « CJ 
 
 
 5 3.-S- 
 
 .9° is 
 s vie] 
 
 ■ 'o © S 
 
 (U g o 
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 -^•^^ 
 
 o £; " 
 '43 2^ 
 
 ^:2S 
 
 " 2 
 
 O <D S 
 
 |§l 
 
 SI'S 
 
 a a m 
 
 III 
 oC.& 
 
 V 
 
 (U CO 
 
 p 
 < 
 
 H 
 
 § 
 
 
 
 g 
 
 12 
 
 •pajpuiH OK 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 •sjo^saouB 
 
 guaaajjip qSnojqj 
 
 Smrareio seaaSap 
 
 IBUba UI asoqj, 
 
 
 •ui5[ JO ?xan aq:j 
 aaip Aaq^ ji lo^sao 
 -UB auiBS qSnoiq? 
 
 Suirarep asoqx 
 
 Equal ly 
 
 to those in 
 
 equal 
 
 degrees. 
 
 •anssi s,ja}s;g 
 pu^ "soja PiS,oaci 
 
 
 si 
 
 ■4 
 
 i 
 
 
 ■uojjdop'B puB 
 
 ajn^'GU Aq Bi9% 
 
 -SIS puB sjaq^ojg 
 
 h 
 
 
 
 n 
 
 ."3 
 
 •j9q}0M 
 
 C7 
 
 
 
 
 
 
 
 
 ■jaq^^a 
 
 
 
 
 
 
 
 
 
 a 
 
 ■aaq^OH 
 
 ■jaqjoH pauJBuraa 9sJ 
 
 ■a 
 
 §2 
 
 ^ ! 1 
 
 
 
 
 The Father 
 
 Mother ta 
 
 equally, 
 
 
 •jaqj'Bj 
 
 1 
 
 P 
 
 
 
 
 
 
 
 •u,piiqo p,9,oap JO 
 anssi ajeraijiSai 
 
 3 3 
 
 i 1 1 
 
 
 
 
 
 
 ■uajpiiqo 
 pajdopB A\ivSaT_ 
 
 g g 
 
 1 1 
 
 
 
 
 
 ■naapnqo ^ -j 
 
 5 
 
 
 1 ' 
 
 1 1 
 
 
 
 
 
 •najpiiqo 
 aj'BraniSa'I 
 
 Residue 
 equally and 
 
 all when 
 dower ends 
 
 Whole 
 when cur- 
 tesy ends. 
 
 
 
 1 
 
 1 
 
 
 
 
 
 
 
 
 •puBqsnH 
 
 Curtesy if 
 a child is 
 
 bom 
 
 alive. 
 
 * 
 
 "f- 
 
 
 
 
 
 
 
 
 
 ■ajJAV 
 
 1 
 
 
 ■H- 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 o 
 
 
 
 
 A wire aymg witnoutnavmg oorne a 
 live child to her husband. 
 
 Intestate never married and mother 
 of an illegitimate child. 
 
 An illegitimate intestate child with- 
 out issue who can lawfully Inherit 
 his estate and where parents of the 
 intestate have never intermarried. 
 
 H 
 o 
 
 >> 
 
 i 
 i 
 
 1 
 
 i- 
 
 i. 
 
 3 
 3 1 
 
 I. 
 
 i. 
 
 
 3 
 
DESCENT OF EEAL PKOPEETY. 
 
 21 
 
 
 
 
 01 s^Bsqosa 
 
 g 
 
 
 
 
 1- 
 
 
 
 
 i 
 
 
 
 
 
 
 
 
 
 ! 
 
 
 
 
 
 
 
 
 
 
 ■ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 6 
 
 
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 -5 
 
 
 
 
 
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 5 0.J3 
 
 
 g <B 0) 
 
 2 Sim §-^ 
 
 
 i:i!ii« 5.Brili|-i III 
 
 .as o^,o 
 
 t3 5.2.aHSi 
 
 ? « © « sm-nzs >> 
 
 „ OS to pS IB )h^C3 
 
 gg CM Bays 
 
 ■ti JJ4J re X 
 
 
 S » 5 
 §&■§ 
 
 Pi 
 
 "1 © m 
 
 03+3 
 
 IB.-S 
 
 03 go--""* 
 
 £.1 n*Tj 'I'Qi a Hrt 
 
 
 » DO Ba.jaM»T:i e3 o o 
 
 tn oo::^ jLfrt s^ 
 
 ;»« «2n^S'SB 
 
 o o 
 
 li 
 
 la 
 
 1 E 03=2 -S ^ to S'-' ® 
 
 5^ 
 
 
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 c 
 
 '1:Co.i 
 
 
 
 3^3j'^p^ o 
 
 ? g'ss.as 
 
 '■S^Z' 
 
 |lp||||Si 
 
 /11-t-' " 0) " OJ ai-^ UCO S^ _L S "^ tM (O — "C ftM 3J t. fl'3 , OJ S O-flamrR „ es M *' 
 
 
 
 l*£ssg|*S'^p5.s-gg^ 
 
 
 
 
 
 ^ ^ effSM -t^ r^ ^ ri cp >- ^^ 
 
PART II. 
 
24 
 
 DISTEIBUTIOlf OF PEESONAL PROPEETY. 
 
 
 
 ^^ 
 
 .1-2 
 
 n 
 
 
 
 CD 
 
 US 
 
 
 as 
 
 ftm DO 
 
 .gs§ 
 
 ;^ += ° 
 
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 ,e- sih' tw aj 
 5 "eS "S O 
 X -9 -^ -^ 
 
 tf ^ ^ 6 
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 s s s ^ 
 
 .£3 ja ,£3 c 
 
 S IS 
 
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 i 
 
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 fl 
 
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 co 
 z 
 
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 CD 
 UJ 
 
 CO 
 LU 
 
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 < 
 
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 cc 
 < 
 
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 TO 
 
 C0_ 
 UJ 
 
 'is 
 
 
 
 ■ll 
 
 
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 1^ 
 
 
 3 
 
 
 
 
 
 
 
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 c 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 +i c c o c 
 ~ -c -c Tj t; 
 
 "C "O 'C 'O Ti 
 
 C C C O O 
 '^ 'O ^3 'O T^ 
 
DISTRIBUTION OF PERSONAL PROPERTY. 
 
 25 
 
 
 A 
 
 a 
 
 o 
 
 •S 
 S 
 •a 
 >< 
 
 n 
 
 to" 
 (4 
 
 as 
 
 »^ "2 
 n 
 
 c3<S 
 
 OQ O 
 Q r* 
 
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 ■as 
 as 
 
 
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 ■o 5 . 
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 ■- ^.S 
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 l-" ■" — 
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 o *-■ , 
 
 J5 S 
 
 
 .S o s 
 
 ^ .S J= 
 
 o 1, a 
 
 ■S S o 
 
 en )-• 
 
 oj w u 
 
 h O J3 
 
 o. c " 
 
 J- nl 
 
 bo S .a 
 
 C rt T3 
 
 ■fe - .S 
 
 SB 
 
 
 OQ 
 
 
 
 
 
 
 
 
 II 
 
 
 c 
 
 d 
 
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 ii§^ 
 
 
 
 °h ".a 
 
 
 
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 SSS^ 
 
 
 
 js 
 
 
 
 
 s 
 
 CO 
 
 a»£.£ 
 
 
 
 l| 
 
 
 
 
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 ^ .a 
 
 
 
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 1 ■ ' 1 1 
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 \ 
 
 
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 S ® 
 
 
 
 
 
 
 
 
 S ft 
 
 
 
 
 
 
 
 
 '6 
 
 
 
 
 
 
 
 
 
 a 
 
 
 
 
 
 
 
 
 
 <s 
 
 
 
 
 
 
 
 
 
 ^ 
 
 to 
 
 
 
 
 
 
 
 
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 <B 
 
 
 
 
 <M 
 
 
 
 
 
 
 
 
 g 
 
 
 
 ■^ 
 
 
 
 
 
 
 
 
 
 CM 
 
 
 
 ■eS' 
 
 
 0) « 
 
 
 k-*2 
 
 
 O ffi 
 
 
 S2 
 
 
 s a 
 
 
 ^.— 
 
 
 OlOil 
 
 d) 
 
 OJr^ 
 
 
 
 £* 
 
 
 .^OOCCCOO 
 
 Q 
 
 
 
 
 
 
 
 
 
 
 
 
 
 pits 
 
 a t^' 
 
 Si 
 
 
 
 O CS ' 
 
 «lsi 
 sag fel-P^ 
 
 grS^ S §•=»" 
 fe'oM H.S!a-?cg 
 
 ®<H S . «J3 u'^ -^ ^ 
 
 0° . S s^iSS ° = 
 ." ■s^'O rt B ■!! S ° 2 2 
 
 ■"c'^galsSSBs 
 I Saa;5-sS^aP=..^g^C 
 
 CO i: a Qi c ^: 
 
 
 
 
 £S o-ag'S='-5>aa» 
 
 a * 
 
 "5 
 I- 
 
 03 O 
 
 ^ . 
 
 ■^riT^ a o 55 cofcj O; 
 
 ^*. g.H.fer.«fti,i.s 
 
 &-a t*'^ a o5 a,a "-*^ 
 S 2iJ 2 t'sSJC t( e 
 
 5P5 .s!,a2 ^^^^a> 
 
 ■a,fiWg a ojB o 0) ^ a g'-' 
 
 ggS'SSall"" 
 gggg^Sagg^^o| 
 
 ^1 
 Ja 
 
 a. go 
 
 < SiA 
 
 s^ 
 
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 — CO 
 
 > 5» 
 
 C « eS 
 
 "■ a ■" 
 
 Z 30. 
 
 1 o-a 
 ^ <u 
 
 Be 
 
 ■?& 
 
 si 
 
26 
 
 DISTRIBUTION OF PEK80NAL PEOPEETY. 
 
 
 ,3 OJ 
 
 
 a !> . 
 "»■&» 
 
 S "3 a 
 
 3 cS U 
 
 .lis 
 
 l.as 
 
 C OJ 
 
 •pa.ipuiji OM 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 •oajSap iBuba j 
 ui mx JO JxajsL 
 
 
 "SUisnoo Q.^ 
 
 
 1 ■ «« 
 •siuaredpuB.if) ■}£) j g.S 
 
 
 ■saoaiK pun sMaqdajj 
 'sjunv pun satoua 
 
 II 
 
 
 
 ■jaqjouipuBJO 
 puB jaqjBjpuBaf) 
 
 
 
 - 
 
 
 
 
 
 ■SJa?S!S 
 puB 'soja pasuao 
 -ap JO uajpimo 
 
 
 a 
 6- 
 
 \ 
 a 
 
 < §•■£ s.sl t^ s g. 
 
 
 
 
 
 
 •saa^sis 
 puB SJaqioaa 
 
 
 with the chil- 
 dren of de- 
 ceased Bros, 
 and Sisters 
 by represen- 
 tation. 
 
 
 
 
 
 
 -.laiHOK 
 
 :s 
 
 3 
 
 
 
 i 
 
 
 
 
 ■aaq^^a 
 
 
 All. 
 
 
 
 
 
 ■ 
 1 
 
 1 
 
 
 ■uaapiiqa 
 pasBaoap jo anssi 
 
 3 
 
 
 
 
 
 ] 1 
 
 i 
 
 
 uaaptiiio 
 
 Take equal 
 
 shares in 
 
 the residue 
 
 
 
 
 
 
 
 
 
 
 
 
 •pireqsnH q 
 
 
 
 
 
 1 ! 
 I 
 
 
 
 
 •ajlAV 
 
 
 :s S!:s 
 
 
 
 1 
 
 
 
 
 
 
 a 
 + 
 
 < 
 1 
 
 \ c 
 
 : 
 3 'r. 
 
 5 •I 
 
 5 T 
 
 2 T 
 
 • 
 
 c 
 
 
 
 
 c 
 
 § 
 
 
 
DISTRIBUTION OF PEESONAL PEOPEETY. 
 
 2t 
 
 sjBaqosa 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 •s^Baqosa 
 
 
 -3^ 
 
 
 
 
 
 
 W'm 
 
 
 
 
 
 
 
 
 
 
 
 &I 
 
 
 ^ 
 
 
 W'S 
 
 
 
 
 r— Oi 1 1 
 
 
 
 q3 (U 
 
 
 
 
 
 
 
 
 
 
 
 
 W-S 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 ^ h 
 
 
 
 
 
 
 
 
 
 • 
 
 «■§ 
 
 
 
 
 
 ^ BJ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 H-g 
 
 
 
 
 i 
 
 
 >. ^ ■ >'^£ 
 
 
 [ 
 
 
 
 
 
 M a 
 
 
 
 
 
 
 
 
 H-ag- 
 
 
 
 
 
 
 
 
 
 t 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ^' '-iJ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 CL ^53 
 
 
 
 
 
 
 
 
 
 
 
 CHA 
 
 11 ally 
 moth 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 O" 
 
 
 
 
 
 
 
 
 
 
 -" W 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 CO >-?> 
 
 £■!£§ «; 
 
 
 ' 
 
 
 
 
 
 COB 
 
 Equa 
 VithB 
 nd Sis 
 
 
 
 1 
 
 
 
 
 < ^rt 
 
 
 
 -3 
 
 i 
 
 
 1 ! 1 
 
 
 
 
 
 
 
 
 Ml -^ . ^ 
 
 
 
 
 ; 
 
 
 
 ^- 1 ^ 
 
 
 
 
 
 
 
 
 
 3 ! 
 
 
 
 
 
 
 
 
 
 
 
 1- 
 
 
 
 
 
 
 
 
 
 
 
 
 ? 3 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 cn 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 S.r,-c 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ^<£s 
 
 
 
 
 
 
 
 
 
 
 
 
 Take 
 
 shai 
 
 the r 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 <J 
 
 
 
 
 
 
 1 
 
 
 
 
 
 
 
 
 :s :«:« 
 
 
 1 
 
 
 
 
 
 
 
 o o o o c 
 
 5 O OO OOOOOO 
 
 TS 
 
 "^ 
 
 S T 
 
 3 -^ 
 
 ; t 
 
 
 
 ; T 
 
 3 r: 
 
 3 -:: 
 
 ; t: 
 
 ) T 
 
 i X 
 
 -^ 
 
 3 
 
 Ti 
 
 
 •B S 
 
 ^ 
 
 
 
 % 
 
 
 E "== 
 
 
 
 
 
 
 
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 s 
 
 
 ■a -a 
 
 
 
 - .5s 
 
 
 
 
 -c 
 
 
 a ^ 
 
 
 
 
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 S>- -a 
 
 ffr^ 
 
 
 
 §m 
 
 
 Ss» c 
 
 ■§"1" 
 
 
 
 
 a 
 
 of 
 
 §■3.3 8 
 
 S§ 
 
 E 
 
 lag 
 
 
 
 1 
 
 1^ 
 
 
 od 
 
 
 t;o-*^fl 
 
 
 
28 
 
 DISTEIBIJTION OF PEESONAL PEOPEETY. 
 
 
 
 OJ en 
 
 ■S 2 
 
 3 
 
 
 
 
 
 ^ 
 
 
 ii"o 
 
 c 
 .0 
 
 t 
 
 
 
 s 
 
 
 S "3 
 
 iH 
 
 •0 
 
 
 
 o 
 
 CQ 
 
 
 .S "! 
 
 a 
 
 
 
 c4 
 
 P3 
 
 
 .Ji 3 
 
 ■a " 
 
 ■0 
 
 c 
 
 tn 
 
 c 
 
 
 OJ 
 
 •g 
 
 en 
 
 0) 
 
 o 
 
 
 0. 
 
 
 
 c 
 
 
 
 en 
 
 o 
 
 
 o " 
 
 s 
 
 i> 
 
 
 S^ 
 
 HH 
 
 
 o 
 
 
 u 
 
 
 u 
 
 t3 
 
 
 c c v 
 
 1 
 
 
 
 
 
 
 (0 
 
 'aj 
 
 
 
 1 
 
 H 
 
 
 « s 
 
 J3 
 
 d 
 
 
 
 03 
 
 M 
 
 
 
 
 J5 I. 
 
 « a. 
 
 !^ 
 
 a -a 
 
 t-i 
 
 
 
 
 
 C 
 
 c 
 
 
 p. 
 
 3 
 
 
 S2 
 
 1 
 
 
 c 
 
 g 
 
 
 
 2 
 
 •a 
 
 
 0) 
 
 1 
 
 CS 
 
 H 
 
 53 ttT 
 
 
 d 
 
 
 d 
 
 5 
 
 
 " g 
 
 
 
 g 
 
 
 [A 
 
 0) 
 
 1 
 
 
 
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 'tn 
 
 •0 
 
 1 
 
 CQ 
 
 c 
 
 
 
 
 ."S 
 '> 
 
 e 
 
 a, 
 
 tT 
 
 
 ■H in 
 
 § 
 U 
 
 s 
 
 
 "* 
 
 tn 
 
 
 ^'t 
 
 en 
 
 
 u 
 
 P£| 
 
 
 2-S 
 
 3 
 
 
 
 1 
 
 
 c5 ^ -a 
 
 (U 
 
 
 
 GQ 
 
 
 rfl tl 
 
 
 
 ■S 
 
 
 ^ 
 
 § 
 
 
 
 
 
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 oa 
 
 u 
 
 
 H .5 
 
 ■3 
 
 4-1 
 
 
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 en 
 
 
 0) 
 
 15 s 
 
 "d 
 
 
 
 9) 
 
 tn 
 
 
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 3 
 
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 1 
 
 
 e3 
 1 
 
 PE< 
 
 
 » .a 
 
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 OJ 
 
 
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 13 
 
 
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 to 
 
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 B S 
 
 >^ 
 
 4-1 
 
 d 
 
 n 
 
 ^ 
 
 
 s 
 
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 9 
 
 s 
 
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 1 
 
 o 
 
 
 
 u 
 
 S 
 
 ■s 
 
 'c3 
 
 DQ 
 
 
 
 tn 
 
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 CO 
 
 
 
 II 
 
 QO 
 
 
 
 
 
 ■O'S 
 
 P. 
 
 f?^ 
 
 
 ■| 
 
 ^ 
 
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 s 
 
 ss 
 
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 43 
 
 of 
 
 F4 
 
 >-^ 
 
 c3 
 
 II 
 
 ,£3 
 
 
 
 
 
 
 t 
 
 ?l 
 
 
 
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 1^ 
 
 rt 
 
 -.^1 
 
 c3 
 
 9 
 
 U 
 
 a 
 
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 o 
 
 ,£1 
 O 
 c3 
 
 < 
 
 Q 
 Z 
 < 
 
 s 
 < 
 13 
 
 d t. 
 
 V d 
 
 ■aa 
 
 Ma, 
 .S-a 
 
 o 
 %S 
 
 55 
 
 «i 
 
 «■* 
 
 en O 
 
 F4 
 
 01 
 
 Pi 
 
 n 
 
 <D 
 Pi 
 
 o 
 u 
 
 o 
 o 
 
 o 
 
 Fl 
 O 
 
 •H 
 
 4a 
 
 :3 
 
 ■2i§ 
 ssz 
 
 CO ^-S 
 
 III 
 
 n p ca 
 
 •53 d.rt 
 
 d-" d 
 
 ••-•<(H d 
 
 .s° s 
 
 4-< 3 O) 
 
 |.9^ 
 
 
 
 
 
 Children of 
 deceased 
 Brothers 
 
 and 
 Sisters. 
 
 
 w 
 
 » 
 
 si 
 
 i 
 
 
 1 
 
 
 <D d ^3 
 ca u:;] 
 
 
 3' 
 
 i 
 
 ■^^ CD "^JS © 
 
 Eldest son 
 
 surviTing 
 
 where there 
 
 is no issue of 
 
 older s6n. 
 
 10 
 
 
 CO 
 
 * 
 
 
 
 
 
 X :s 
 
 
 * 
 c 
 
 + 
 
 i 
 
 r 
 
 3 
 
 3 
 
 5 t 
 
 
DISTKIBTJTION OF PERSONAL PBOPEETY. 
 
 29 
 
 el 
 
 
 Equal 
 
 shares In 
 
 the estate. 
 
 (b) 
 
 
 
 6 
 
 
 
 
 Eesidue. 
 Whole. . 
 
 
 
 
 
 
 (a) 
 Whole. 
 
 
 
 
 
 
 
 
 ■3 - » 
 
 ""if 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 s; 
 
 
 
 
 
 
 
 
 
 o o o -e.S 
 •e 'O ■a .3'^ 
 
 <; 
 z 
 o 
 
 3 
 
 < 
 
 a 
 
 Z 
 2 
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 6 , 
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 >* ^ 
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 U 
 
 < 
 
 a 
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 z 
 
 > 
 o 
 
 1; 
 
 3 
 
 
 
 
 
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 — 
 
 
 
 
 
 ^ 
 
 3 
 2 
 
 II 
 
 p 
 
 3-3 
 
 
 ,SP 
 
 ip 3,58 SftO 
 
 .S S£„o « 
 B J=^SoSp. 
 
 PAJffl.SSoS „" 
 
 IS'^.SlgP 
 
 -" B „ 
 
 •Sals 
 
 3 V £ (D 
 S^.*B 
 
 o g 5 
 
 ^§£1 
 
 gB-oBSiSja 
 
 »P.O«i-3 -»J;g 
 
 a 0S« B 5 b'S) 
 
 ■S-r ■= §.S S B 
 ■§^SgS.S§| 
 
 o s p5 ^ a ''■s 
 ilo»|2|s^|5|B 
 
 a ss 
 
 21S3 
 
 'O t- o B 
 2 o5 
 
 
 O^^igBO 
 
 be^ K ■» rt 03 be 
 
 P^a> S7^.B-K E>i 
 
 ^^^.a'Sgii 
 
 "S S*^ 0) f- *3 "^^ 
 
 ©^-r^-w H r! fl 
 ■d © ..^ ffl « o 
 
 i|||ai| 
 =ap|i| 
 
 d « " 0^«*-t 
 »S»B jjgo 
 
 m O p^ rtl Ir "J 
 
 ^'Sj^a:^ 
 "•sl s.a p 
 
 s.§5£ag 
 
 £.g«9 
 
 
 ags 
 
 ■2 si »'"■«- 
 
 
 ^ m O 
 
 © 5,3 S*^ 
 
 
 
30 
 
 DISTRIBUTION OF PERSONAL PROPERTY. 
 
 CO 
 
 « 
 
 W 
 o 
 
 n 
 
 00 
 
 tc 
 
 Eh 
 fn 
 H 
 09 
 tl 
 
 w 
 
 o 
 
 GQ 
 
 tn 
 
 % 
 
 PS 
 Q 
 
 !h 
 Eh 
 PS 
 
 m 
 o 
 
 PS 
 
 Ph 
 
 ^^ 
 «J 
 
 O 
 CQ 
 
 P? 
 
 P< 
 
 o 
 o 
 
 M 
 
 Eh 
 & 
 pq 
 
 M 
 
 PS 
 
 QQ 
 
 c3 w 
 
 O.S 
 
 
 §■3 
 
 £■0 
 
 So.g 
 .g|| 
 
 o s o 
 
 p w etf 
 
 •2 "9 
 
 — a-S 
 "•§■3 
 
 iv) O ;h 
 
 m O _ 
 
 ■r » s 
 
 ■a'" s 
 
 3} 0) ^1 
 
 IIS g 
 
 S 0) 0) 
 
 1.S 
 
 . -ps-ipnra ON 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 •agjSsp auiBS 
 
 .8m m UJ3[ JO ;X9M 
 
 
 •saoaiH pn^e SMaqdaK 
 'sjunv puB saioun 
 
 
 Maqiorapuuif) 
 
 puu 
 jamBjpm?.!^^ 
 
 
 •s.i^;sis pan 'soja UMO 
 s.amsa^m am jo ^aaj 
 -Bd B niojj ajBjsajut 
 aq^ o'i amBO jo auioo 
 aABq pinoM X^aadcid 
 aq^ 8i8qM uiaqj ^nas 
 -ajdai iji'sSai se qons 
 puB *8ja^sjs puB "soja 
 
 4) CO 
 
 •na.iptiqo .sja^sjs puB 
 (Sjaq^oag pasB'aoaa 
 
 s^ . 
 
 sja^sfs puB sjaq^ojg 
 
 e 
 
 
 , :.iaq^OM 
 
 :« ^ 
 
 
 
 •aaqiB^ 
 
 ^ 
 
 ^ 
 
 
 
 
 
 •Ua.ipiiqO P3SB303P 
 
 JO anasi 
 
 1 3 
 
 
 3 ^ 
 
 
 
 
 
 
 'najpijqo 
 
 Residue. 
 Residue. 
 
 Take equal 
 
 shares in 
 the residue 
 
 
 Take equal 
 shares In 
 the whole 
 estate. . 
 
 
 
 
 
 
 
 ■.SuLAiAjns 
 uos' I'sapio 
 
 
 
 
 
 
 
 
 
 
 
 
 •uos japto 
 JO anssj 
 
 1 
 
 
 
 
 
 
 
 
 1 
 
 i 
 1 
 1 
 
 ■puBqsuH 
 
 « 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ■0J!A!l 
 
 :sxx :s:s 
 
 
 
 
 
 
 
 
 
 r 
 
 3 
 3 1 
 
 3 
 3 ^ 
 
 2 
 3 ^ 
 
 5 
 3 1 
 
 3 
 3 - 
 
 3 c 
 
 3 -5 
 
 §^ 
 
 li 
 
 5 -- 
 3 t: 
 
 ? C 
 
 s 
 
 & 
 
 E 
 
 X 
 
 1 
 
 
 
 i 
 
 rf 
 
 % 
 il 
 
 ill 
 
DISTEIBUTION OF PEESONAL PEOPEETY. 
 
 31 
 
 -laoo oqi 
 
 1.1 &S| 
 
 go 
 
 
 ■ sli'^gs 
 
 -4^ ^1 Ul Q Or ro 
 
 ■Sim oH " ■S.'^ "^" 
 
 
 
 
 S«S'.! 
 
 
 •9te 
 
 g^^l^ III 
 
 c CO = o a 
 
 
 £ o OJ 
 
 ggg'gg -5 £.3 
 
 s fe S «j „ 
 
 03 <D ft ^ft 
 
 S.SS5g 
 
 P ^ k.hC Cj '^ fi <D 
 
 sj= g MJ2 s 
 
 ^1 
 
 «si 
 
32 
 
 DISTEIBTJTION OF PEESONAL PEOPEETY. 
 
 O 
 
 OS 
 
 w 
 
 o 
 
 10 
 
 o 
 
 CO 
 
 S C3 
 (0 ^ 
 
 So 
 
 ^ .a a; 
 
 tn 
 
 CQ 
 
 CQ 
 W 
 
 o 
 «! 
 m 
 
 CQ 
 
 % 
 Q 
 
 O 
 
 Oi 
 
 !? 
 o 
 
 OS 
 
 o 
 n 
 
 M 
 
 03 
 
 O+J 
 
 Ph CO 
 
 ^ " m 
 (P « - 
 
 111 
 
 «l° 
 Is" 
 
 U CO CS 
 
 •=s s 
 
 ^oS 
 |§^ 
 
 03 d,ca 
 ■"SB 
 
 ^*" 
 
 ■SS B 
 S 9 o 
 
 So 
 
 * S B 
 13 B ^ 
 
 bSs 
 
 B «g 
 
 Ss 
 ^s 
 
 T3.B 
 
 c3 <»,!<! 
 m B 
 
 •paapuiH ON 
 
 
 
 
 
 
 
 
 
 
 
 
 
 •9}B^sa}ui aq^ 
 
 niojj saajSap }ua 
 
 -jajjip ni paAoraaj 
 
 sjojsaouB qSnoaqi 
 
 SmraiBia asoqx 
 
 
 
 ■OH JO }xau 
 
 BJB jtaqj J! jojsao 
 
 -QB araBS mojj 
 
 SniniiBio asoqx 
 
 
 
 J 
 
 •sjajsis puB 
 
 ■soaa 0410 s.ajB} 
 
 -sa^ui aq^ mojj 
 
 ajB^sa^m aqj oj 
 
 amBO ^^.ladoJd aq} 
 
 naqM noi^B^nasaj 
 
 «laj iq sjajstg paB 
 
 soaa pasBSoap 
 JO anssi aq^ puB 
 saa;)a!S puB 'soaa 
 
 
 3 I 
 
 naapuqo 
 
 sjajsjs puB 
 
 soja pasBaoaa 
 
 
 £■ 
 
 •sja^sig puB -soja 
 
 
 e 
 
 
 •jaq^OM 
 
 
 S^ 
 
 •aaqjBa 
 
 •^ 
 
 ^ 
 
 
 
 
 ■aajpiiqo 
 pasBaoap jo anssi 
 
 3S 
 
 
 S 2 
 
 
 
 
 
 
 ■uajpuqo 
 
 « 
 
 
 
 •3 
 
 
 
 
 
 
 
 •paBqsnii 
 
 * 
 
 1 
 
 
 
 
 
 
 
 
 
 
 
 
 •ajJAi. 
 
 1 
 
 
 
 
 
 
 
 
 
 <i5 
 
 ?^ 
 
 D < 
 3 X 
 
 3 'Z 
 
 < 
 t 
 
 3 -5 
 
 3 C 
 3 1 
 
 3 C 
 3 T 
 
 5 C 
 3 X 
 
 
 
 a 
 
 1 
 
 
 
 ! 
 
 H 
 
 3 
 
 I 
 
 i 
 i 
 
 3 
 
 3 
 
DISTRIBUTION OF PERSONAL PEOPEETY. 
 
 33 
 
 
 
 
 ■q^luaAVUtOi 
 -uioa oq:^ 
 o; s^juaqosa 
 
 Equally to 
 those claim- 
 ing through 
 
 nearest an- 
 cestor . 
 
 
 Equally to 
 
 those of 
 
 same 
 
 degree. 
 
 
 
 
 
 
 
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 4 
 
 i 
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 ) 
 
 A 
 
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 QJ S « -^ 
 
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 ■^■£*hSS 
 
 nils 
 
 5^ tn 
 
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 sols 
 Km 
 
 CO 
 
 
 flee 
 
 5-43 
 
 g a! 
 
 •9 So 
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 p 
 
 B ■a" 
 si S s 
 
 ? S3 
 
 II 
 
 WW 
 
 5^ 
 
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 ^,2 
 
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 ^S 
 
 ^-g 
 
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 If 
 
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 ■11^ 
 
 ss 
 
 tn fS S 
 
 
 s.a 
 
 St. 
 
 eg © 
 
 +3 
 
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34 
 
 CQ 
 P 
 
 tn 
 
 Q 
 (£| 
 
 P3 
 
 CQ 
 
 Eh 
 
 m 
 t) 
 
 o 
 
 CQ 
 OQ 
 
 QO 
 
 bnOD 
 
 ^^ 
 
 PJ 
 
 P4 
 
 Ph 
 
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 (4 
 
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 g 
 
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 pq 
 
 M 
 
 03 
 
 ft-S 
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 ia-o 
 
 «^ o n 
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 £»| 
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 CO e8 
 
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 C8XI O 
 
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 sa-M 
 OSS 
 
 ■g§s 
 
 (U-4J CO 
 
 gssa 
 
 D 
 
 3 
 
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 [STKIBUTION OF 
 ■paapuiji OK 
 
 PERSONAL PEOPEETY. 
 
 
 ■sJojsaouB 
 luaja^ip uiojtj 
 amraiBio asoqi 
 
 
 
 ■uiJT JO }xau aq» 
 d.iB Aaqi ji 'jo^^sao 
 -UB auiBS aqj uioaj 
 
 SmiuiBio asoqj, 
 
 
 
 
 ■sia}sis puB 
 •soaaajBjsajui aqj 
 JO jnaaBd aq} uioaj 
 ajBjsa^ui aqj o^ pa 
 -puaosap a^Bisa aqi 
 ajaqAi'sjajsig puB 
 •sojg pasBaoap 
 JO anssi aq;t puB 
 'saa}S!s puB sojg 
 
 
 1 
 
 ■aaapiiqo s.jajsis 
 puB -soag PiS.oaa 
 
 
 Take with 
 Mother and 
 Bros, and 
 Sisters by 
 representa- 
 tion. 
 
 
 •sjiaisis 
 puB sjaqiojg 
 
 
 Equally with 
 the Mother 
 and children 
 of deceased 
 Bros, and 
 Sisters by 
 representa- 
 tion. 
 All equally. 
 
 
 jaqjow: paiJJBrann 
 
 < 
 
 
 Equally with 
 Bros, and 
 Sisters and 
 their children 
 by represen- 
 tation. 
 
 
 
 •jaq^ore 
 
 
 
 ■aaq^Ba 
 
 ^^ 
 
 
 • 
 
 
 ■uajppqo 
 
 pasBaoap jo 
 
 anssi a^BuiijiSaT 
 
 g 
 
 1 
 
 
 e 
 
 
 ■uaapiiqo 
 ajBraijiSani 
 
 3^ 
 
 1 
 
 
 3 
 
 
 ■uajp^iqo 
 ajBraijiSai 
 
 S 
 
 i 
 
 
 
 •puBqsnH 
 
 < \ 
 
 
 
 1 
 
 1 
 
 ■ajlM. 
 
 X :« 
 
 ^ 
 
 
 
 Intestate. 
 
 do 
 Intestate unmarried Mother 
 of an illegitimate child. 
 
 An luegitimate intestate cnua 
 without lawful issue, where 
 the parents have not inter- 
 maiTied. 
 Intestate. 
 
 ) c 
 
 c c 
 
 c 
 
 
mSTEIBUTION OF PEESONAL PEOPEETY. 
 
 35 
 
 
 
 
 
 
 
 -moo aqi 
 01 sinaqosa: 
 
 Whole equal- 
 ly to those 
 claiming 
 
 from nearest 
 ancestor: 
 
 
 Equally to 
 those in the 
 same degree. 
 
 Equally to 
 those in the 
 same degree. 
 
 
 
 
 S s 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ■+ 
 
 1 
 
 I 
 
 5 
 
 ,] 
 'i 
 
 e 
 
 <: 
 ; 
 
 a 
 
 4 
 
 3 
 
 D 
 
 li 
 
 s 
 
 sic 
 
 s 
 
 4 
 
 h 
 
 
 § ^ 
 
 
 l^ts^lls 
 
 .d.tOtj 
 
 +j'=^323 O fe; t^ 
 
 ■5 -"«,. i-ft" o'«0'aoS7fe 
 
 6 A <D*r^ M 
 
 <u !ii d o b 
 
 a.s:-3 Oil 
 
 Ss 
 
 ss 
 
 in DO 
 
 
 ■loo 
 
36 DISTEIBUTION OF PEESONAL PEOPEETY. 
 
 Statutes Relating to the Distribution of 
 Personal Property. 
 
 Massachusetts Statutes iSjS, Chap. 14^, §7 and 2. 
 Apparel and Ornament of Wido-w and Minor Children. — §1. 
 
 "The articles of apparel or ornament of the widow, and the apparel of any 
 minor child of any deceased person, shall be considered in the settlement of 
 the estate of such deceased person, as exclusively belonging to such widow 
 and child respectively." 
 
 Ifecessaries for "Wido-ar and Family. — §2. "Such part of the per- 
 sonal estate of any person deceased as the Judge of Probate, having due 
 regard to all the circumstances of the case, may see fit to allow for necessa- 
 ries to his widow, for the use of herself and family under her care, if any, 
 and also such provisions and other articles as shall be necessary for the 
 reasonable sustenance of the family of any person deceased for forty days 
 after his death, shall not be deemed and taken as assets to be applied to the 
 payment of debts, legacies, or charges of administration; but the same shall 
 be allowed in the account of administration in discharge of so much of the 
 inventory of the estate, when the same is contained therein, although it 
 should thereby become necessary to sell real estate for the payment of debts, 
 legacies, or charges of administration, and although the estate may be insol- 
 vent." 
 
 Massachusetts Statutes 1842, Chap. 75. 
 AUo-svances to Minor Children -where there is no Widoiar. — 
 
 "The second section of the one hundred and forty-fifth chapter of the stat- 
 utes of the year one thousand eight hundred and thirty-eight, is hereby ex- 
 tended so as to empower Judges of Probate to make an allowance to the 
 minor child or children of any deceased person, in cases where there is no 
 vi\Aovi\ provided, that no allowance to any child shall exceed fifty dollars." 
 
 Massachusetts Statutes iS^i, Chap. 211. 
 
 Provisions for Illegitimate Children. — "Every illegitimate child 
 shall be considered as heir of his mother, and any maternal ancestor, and 
 shall inherit the estate of such mother or ancestor, in whole or in part, as 
 the case may be, and the same shall descend from such ancestor to the law- 
 ful issue of such illegitimate person in like manner as if he had been born in 
 lawful wedlock." 
 
 Massachusetts Statutes 1851, Chap. 324, §§ 6 and f. 
 PrOTisions for Adopted Children.— §6. A child adopted according 
 to the provisions of this Statute, §§ 1-5, "shall be deemed, for the purposes 
 
DISTEIBUTION OP PERSONAL PEOPBETY. 37 
 
 of inheritance and succession by such child, custody of the person and right 
 of obedience by such parent or parents by adoption, and all other legal con- 
 sequences and incidents of the natural relation of parents and children, the 
 same to all intents and purposes as if such child had been born in lawful 
 wedlock of such parents or parent by adoption, saving only that such child 
 shall not be deemed capable of taking property expressly limited to the heirs 
 of the body or bodies of such petitioner or petitioners, [for adoption.]" 
 
 S?. The natural parent or parents of such child shall be deprived by such 
 decree of adoption of all legal rights whatsoever as respects such child; and 
 such child shall be freed from all legal obligations of maintenance and obe- 
 dience, as respects such natural parent or parents.'.' 
 
 Massachusetts Statutes iS^J, Chap. 2^j. 
 Relating to Illegitimate CMldren. — "When, after the birth of an 
 illegitimate child, his parents have intermarried, or shall intermarry, and his 
 father has acknowledged, or shall, after the marriage, acknowledge him as 
 his child, such child shall be considered as legitimate, to all intents and pur- 
 poses." 
 
 Massachusetts Statutes 1854, Chap. 406, 
 
 Provide that if there is no issue, and the personal estate after paying all 
 debts amounts to not more than $5000, the widow shall be entitled to the 
 whole personal. estate; if it amounts to more than $5000, and less than 
 $10,000 in value, she shall be entitled to $5000, out of the same; if the resi- 
 due amounts to $10,000, and upwards, she shall be entitled to one-half there- 
 of. In addition she shall be entitled to one-half his undevised real estate for 
 life (see page 13.) But these provisions are in lieu of dower. 
 
 Massachusetts Statutes 18^4, Chap. 428. 
 
 Rights ofWidow on Waiver ofWill. — "When any man shall die, 
 having lawfully disposed of his estate by his will, and leaving a widow, the 
 widow may, at any time within six months after the probate of the will, 
 waive the provisions made for her in the will; and she shall in such case be 
 entitled to such portion of the real and personal estate, as she would have 
 been entitled to if her husband had died intestate ; provided, however, that the 
 widow shall not, in any such case, be entitled to receive more than ten 
 thousand dollars out of the personal estate." Repealed by General Statutes, 
 chap. 182, and similar provisions without the limitation to ten thousand 
 dollars, were substituted. General Statutes, chap. 92, §24. 
 
 The above Statutes, viz., 1838, chap. 145, 
 
 1842, 
 
 15. 
 
 1851, 
 
 211, 
 
 I85I, 
 
 ' 324, 
 
 1853, 
 
 ' 253, 
 
 1854, 
 
 ' 406, 
 
 1854, 
 
 ' 428, 
 
 were repealed by General Statutes, chap, 182. 
 
38 
 
 DISTRIBUTION OF PEESONAL PEOPEETT. 
 
 m 
 
 §1 
 
 A 
 
 "•a 
 
 '-< 
 
 p.a 
 
 t3 
 
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 ■^ OKI 
 
 use 
 
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 Pi V 
 
 5B 
 
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 'SJO^SaOTl'B 
 
 )naia£ip qSnoaq:) 
 
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 -UB auiBS qSnojq'j 
 
 SmraiBio asoqj;, 
 
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 soja TIJ4.6 s,e)'G}sa} 
 
 -m am JO ^naj'Bd eq? 
 ntojj ajBjsajni aqj 
 
 0( papnaosap ai^jsa 
 eqj ajaqji 'siajstg 
 pa's SOJEE pasBab 
 
 -ap JO anssi aqj pnB 
 '8Jaf)sig pii'B ■sojg 
 
 •najpnqo 
 
 .sja^sig 
 
 puB soja paseaoaa 
 
 •sja^sjs 
 puB sjaq^ojg 
 
 •jaqiOM 
 
 ■jaqjBa 
 
 ■Jaq^opi pauiBinnn 
 
 •jaq^OK 
 
 ■jaq^Ba 
 
 ■naapijqo 
 
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 ajBrai^iSaT 
 
 •najpnqo 
 pa^dope An^SaT: 
 
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 ajEuiijiaa'x 
 
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 ^ 
 
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 tSonS 
 
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 si 
 
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 f^ t3 rj) '^ •■-■ ^ 
 
DISTRIBUTION OF PEESONAL PEOPEBTY. 
 
 39 
 
 
 
 
 
 
 q}I'B9Aiu,m 
 moo am 
 
 JJSqB9I[08H 
 
 s 
 
 
 
 
 Equally to 
 
 those In 
 
 equal 
 
 degrees. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 
 
 131 
 
 
 
 
 a; 
 
 
 
 
 
 
 
 s i 
 
 
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 03-° 
 
 S .os-g 
 
 -ill 
 
 ^ V O) £ 
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 r^ o o+^ 
 
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 n.C rt 03 Cl3 
 
 S = 5 °.fc 
 
 ps.a52 
 
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 ''J.&O03 2 
 
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 pill 
 
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 2* 2S£ 
 
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40 
 
 DISTRIBUTION OF PEKSONAL PEOPEETY. 
 
 O 
 (N 
 
 (X 
 
 P. 
 
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 A 
 
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 00 
 
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 pa-ipnia ON 
 
 jsqiOK paijJBUinii 
 
 jnajajHp qSnojq} 
 
 aniBS qSnoaii4 
 
 ■sjajsig pn'B •soaa 
 pasBabap jo anssi 
 
 (a) 'uonaopB Aq j 
 
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 puB 'soja i^iitmiK 
 
 ■jaq^oM 
 
 •jsqj'Ba 
 
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 8US81 9'y&\Jl\%^S^ 
 
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 = 9 
 
DISTRIBUTION OF PBBSONAL PKOPEETY. 
 
 41 
 
 
 
 
 
 
 , 
 
 
 Equally to 
 those in 
 equal de- ] 
 grees. j 
 
 j 
 1 
 
 1 
 
 Equally to 
 those claim- 
 ing through 
 the nearest 
 
 ancestor. 
 
 
 
 
 
 
 
 
 
 Take with 
 Bros, and 
 Sisters by 
 
 representa- 
 tion. 
 
 
 
 
 
 
 Take with 
 
 the issue of 
 
 deceased 
 
 Bros, or 
 
 Sisters. 
 
 
 
 
 
 
 
 
 
 - 
 
 
 
 
 
 
 
 ■ 
 
 
 
 
 
 
 O t^ 0-1 Oi 
 M O u • 
 
 S S^~S a 
 
 s otS a a 
 
 a'" 
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 «t.':=§ag' 
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 SBs 
 
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 5*£SaS 
 
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 += be* EsjDO 
 M © 033-^ 
 
 .a ce QJ O.S 
 o-g'o+j.a 
 
 ggg-as 
 
 ^ |IS^£ »«B- 
 a a-"SSg .2 O.MS 
 
 a |.spf 5 fe.o age 5 
 
 M 3 >>,a £ aj~'3| ^$ 
 i,„»a£^|a«*£'0 
 
 =^'~'"'ot>,"'3 SS <c «) S 
 
 S^S«3.aa'«a^S^ 
 aa .aS-"S.ap,oftS 
 
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42 
 
 DISTBIfiUTION OF PERSONAL PROPEBTT. 
 
 00 
 
 §^;h 
 
 00 
 
 1^8 
 
 r^ 
 
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 CO 
 
 l^l 
 
 ^ 
 
 ■§^l- 
 
 s 
 
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 og= 
 
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 ejB'iaqi j! .105 
 
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 ■anssi ,saa}sis 
 
 pUB *SOJa p9SB903(I 
 
 •uoi^ilopu 
 iiq pu'e ajin'BU 
 
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 :J9q^oW 
 
 ■jaqiua 
 
 M9q^0K paiiiBuiaji 
 
 ■jaqioji 
 
 ■jaq^Ba 
 
 ■naapiiqo pasBaoap 
 JO anssi aj-BraijiSai; 
 
 •ua.ipuqo 
 pajdopB AJinSai 
 
 
 
 ■uaapiiqo a^ijuii^igani jg 
 
 ■najpijqo aj'omBiSai 
 
 •puBqsnH 
 
 ^ 
 
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 ■s-dii'g^ ^ 
 
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 5 ^5^.S-5t2 
 
DISTEIBTJTION OF PEE80NAL PEOPEETY. 
 
 43 
 
 
 
 
 
 
 moo sqi 
 3} siBanosa 
 
 9 
 
 
 'EqaaMy 
 to those 
 in equal 
 degre's. 
 
 
 sg 
 
 
 
 
 is 
 
 
 
 
 
 1 
 
 i 
 1 
 
 
 
 1 [ 
 
 
 
 i 
 1 
 
 
 
 
 
 
 
 
 
 
 
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 1 
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 ■3*3 
 
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 Hill as 
 
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 Ph 
 
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 t ^7. 
 
 
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 pHrtP. 
 
 <! 
 
GENERAL NOTES. 
 
 Cestui que Trust's Estate, — An estate of a cestui que trust descends 
 the same as the legal estate, 2 Washburn on Real Property, 182. At 
 common law if the cestui que trust leaves no heirs, his estate will not escheat 
 but will become absolute in the trustee. 2 Washburn on Real Property, 
 185. Perry on Trusts, § 327. Hill on Trustees, 270. But there has been 
 doubt as to whether this rule was applicable under the statutes of distribu- 
 tion, generally adopted in the United States., Hill on Trustees, 270, note 
 (4th American Edition). Husbands of wives having equitable interests in 
 actual possession, have a right to curtesy in such equitable estates, including 
 of course, cestui que trust estates, and equities of redemption. Perry on 
 Trusts § 324, 3 Gray 398, 404. i Story's Eq. Jur. § 64a, 4 Kent's Comm. 30. 
 
 In Massachusetts a wife is not entitled to dower in her husband's equi- 
 table estates. I Perry on Trusts § 354. Reed et al. v. Whitney. 7 Gray 534. 
 Lobdell V. Hayes, 4 Allen 187. 
 
 Trustee's Estate. — It is almost an invariable rule that two or more 
 trustees hold as joint-tenants and not as tenants in common. Perry on 
 Trusts § 136. A power only does not survive, but ceases with the death of 
 either of the trustees. 2 Washburn on Real Property, 197. Story's Equity Jur. 
 § 1062. 4 Kents's Com. 325 The presumption is as to trustees, that a power 
 coupled with an interest, was meant to survive. 2 Washburn on Real Prop- 
 erty, 196. Story's Equity Jur. § 1062. If the authority be to two or more in 
 an official capacity ratione officii, it will survive if either die. But if it be to 
 them nominatim , or they are clothed with a special confidence of a personal 
 nature, it will not survive. 2 Washburn on Real Property, 197. 13 Met. 226. 
 
 Quantity of a Trustee's Estate, and its Descent. — When a 
 conveyance is in trust and the trusts are of such a nature that they do, or by 
 possibility may, require a legal estate in the trustee beyond that of an estate 
 for his own life, then without words of limitation in the conveyance to the 
 trustee, he shall take a fee, 6 Cush. 403, 407 ; if the trustee's estate is un- 
 devised by him, it descends to his heirs in trust. Perry on Trusts, § 339. 
 
 Dower and Curtesy where there is a Trust Estate. — The 
 
 wife of a trustee is not entitled to dower in the trust estate any further than 
 the husband had a beneficial interest therein. 4 Kent's Com. 43. Perry on 
 
46 GENEEAL NOTES. 
 
 Trusts, § 322. The husband is not entitled to curtesy in the estate held by 
 his wife as trustee. Perry on Trusts, § 322 
 
 Wild Lands not Subject to Dower. — "A widow shall have no 
 right of dower in wild lands of which her husband dies seized, except wood- 
 lots or other land used with his farm or dwelling house ; nor in such land 
 conveyed by him, although afterwards cleared." Public Statutes c. 124 § 4. 
 General Statutes, c. go, § 12. Revised Statutes, c. 60, § 12. It seems 
 that she may take wild land for her life estate in half her husband's 
 real estate under Public Statutes, u, 124 §§ 3 and 4. General Statutes, ego § 
 15. See 121, Mass. 267. 
 
 Dower in Equity of Redemptioft, — A wife is entitled to dower 
 in her husband's mortgaged premises, of which premises he died seized, 
 against every one except the mortgagee and those claiming under him, 
 though the mortgage be valid and effectual as against her, and though she 
 has released all right of dower in the premises. Public Statutes, c. 124 § 5. 
 General Statutes, c. go, § 2. Revised Statutes, c. 60 § 2. See Henry's case, 
 4 Gushing, 257. 
 
 Ko Dower in Lands Mortgaged to Secure the Purchase 
 Money. — When a husband takes a conveyance in fee and at the same time 
 mortgages the land back to the grantor, or to a third person, to secure the 
 purchase money in whole or in part, the wife is not entitled to dower out of 
 the estate. 4 Kent's Com., 3g. 4 Mass., 566. 4 Allen 510. 
 
 Cumulative Provisions for the Widow. — ^The provisions in 
 Statutes 1880, c. 211, to the effect that the widow of a person dying intestate, 
 shall take real estate of the deceased to the value of $5,000, in fee, is cumu- 
 lative and gives her this in addition to dower, homestea,d or provisions in 
 lieu of dower. Elliot vs. Elliot, 137, Mass. 116. 
 
 Descent, etc., of Demises for 100 Years or More. — When 
 land is demised for one hundred years or more, the term shall so long as 
 fifty years of the same remain unexpired be regarded as an estate in fee sim- 
 ple, as to the descent and devise of the same and the right of dower therein. 
 Public Statute, c. 121, §1. General Statutes, c. go, §20. Revised Stat- 
 utes, c. 60, § 18. Statutes of 1834, c. 162, §1. 
 
 Rights of the Widow on Waiving her Husband's Will. — 
 
 A widow may waive the provisions made for her in her husband's will 
 within six months after probate of the will, or claim such portion of his es- 
 tate as she would have been entitled to if he had died intestate, and shall be 
 entitled to the same portion of his real and personal estate as if he had died 
 intestate, except that if her share of the personal estate should be more than 
 $10,000, she will receive $10,000, and the income for life of the excess of her 
 share of such estate above that amount. Public Statutes, t. 127, §18. 
 
 Statutes 1871, c. 200, gave the widow the right to claim her portion of the 
 estate, real and personal, where she was unprovided for by the will. 
 
GENKBAL NOTES. 47 
 
 Statues 1861, c. 164, §1, provides that the widow may waive the provisions 
 made for her in her husband's will, and in such case will be entitled to the 
 same portion of the real and personal estate, as if he had died ihtestate, ex- 
 cept if such share of the personal estate should exceed $10,000. she will be 
 entitled to the sum of $10,000, and the income for life of the excess of her 
 share of such estate above that amount. 
 
 General Statutes, c. 92, §24, provides that the widow may waive the pro- 
 visions made for her in her husband's will, and that in such case she shall be 
 entitled to the same portion of his estate, real and personal, as she would 
 have been entitled to, if he had died intestate. Statutes 1854, c. 428 con- 
 tained these provisions of the General Statutes, and added that in such case 
 she shall not be entitled to more than $10,000 out of his personal estate. 
 
 Revised Statutes, c. 60, §11. and Statutes 1783, c. 24, §8, gives the widow 
 the right to waive the provisions of her husband's will and take instead, her 
 dower in his lands. 
 
 She shall not be entitled to both the provisions and dower, unless such 
 shall appear by the will, to have been the intention of the testator. Public 
 Statutes, u. 127, §20. Statutes of 1861, c. 164, § i. General Statutes, c. 92, 
 § 24. Statutes of 1854, c. 428. Revised Statutes, u. 60, § 11. Statutes 
 1783, c. 24, § 8. See Towle v. Swasey, 106 Mass., 100 ; Farnum v. Bascom, 
 122, Mass. 282. 
 
 Next of Kin. — The next of kin is to be interpreted in a will, when 
 nothing further appears to show the testator's intention, as the nearest of 
 kin related to the testator by blood. -J Williams on Executors, g6o. Redfield 
 on the Law of Wills, part 2, page 399. Relations by marriage aire generally 
 incapable of bringing themselves within the description of next of kin in a 
 will. But it has been held competent and required, to look at the whole of 
 the will to see if there was a manifest intention to include the wife as of the 
 next of kin. 2 Williams on Executors, 960. In the ordinary sense neither 
 husband nor wife can be said to be next ol kin to each other. 2 Kent's Com. 
 136, 3 Vesey's Reports (Sumner's Edition), 244, note a ; Esty v. Clark et al. 
 loi Mass. 38. Under the statutes of distribution, the next of kin are to be 
 determined by the same rules as the right to administer under Statutes 31, 
 Edward III, c. II. 2 Williamson Executors, 1292. 2 Black. Com. 515. (Sefe 
 Table, page 25). In next of kin are included relatives both on the paternal 
 and maternal sides. 2 Black. Com. 516, Christian's Notes. 
 
 In the Massachusetts laws of 1783, it was expressly provided that the de- 
 grees of kindred should be computed according to the rules of the Civil Law, 
 and the same provision has been continued ever since by successive re-en- 
 actments. (P. S. C, 125, §2). 
 
 Computation of Degrees of Kindred, — By the Civil Law the 
 degrees are computed by reckoning from the deceased up through the nearest 
 common ancestor to the person whose degree of relationship to the intes- 
 tate is to be determed. Each generation thus included in the two lines of 
 descendants, forms a degree. 2 Black Com. 203, 208 note (Sharswood's Ed.) 
 See table, page 25. 
 
48 
 
 GENERAL NOTES. 
 
 Whereas by the Canon Law the degrees are reckoned downward from the 
 nearest common ancestor in one line only, and if the lines are unequal in the 
 number of generations, the computation is by the longer line. Ibid. See 
 table, pages i, 2. 
 
 Children. — "The word 'children' does not in its proper signification, 
 extend further than the immediate descendants of the person named, and 
 consequently grand children or issue generally, are not ordinarily included 
 in that term." 2 Williamson Executors, 942, 103 Mass. 287. 
 
 Adopted Children. — A child adopted under the provisions of c. no 
 of the General Statutes, or c. 310 of the Statutes of 1871, has been held in- 
 cluded in the words "child," "children," "issue," and "kindred" as used in 
 the Statutes of Descents. Sewall v. Roberts, 115, Mass. 277. Ross v. 
 Ross, 129, Mass., 267. 
 
 "The term child, or its equivalent in a grant, trust settlement, entail, de- 
 vise, or bequest, shall be held to include a child adopted by the settler, 
 grantor, or testator, unless the contrary plainly appears by the terms of the 
 instrument ; but when the settler, grantor, or testator, is not himself the 
 adopting parent, the child by adoption shall not have, under such an instru- 
 ment, the rights of a child born in lawful wedlock to the adopting parent, 
 unless it plainly appears to have been the intention of the settler, grantor or 
 testator to include an adopted child." Public Statutes, chap. 148. 65 8. Stat- 
 utes 1876, chap. 213, §9. (Ante, page 17). 
 
 "An inhabitant of another state adopted as a child, in accordance with 
 the laws thereof, shall upon proof of such fact, be entitled in this common- 
 wealth, to the same rights, as regards succession to property, that he would 
 have enjoyed in the state where such act of adoption was executed, except in 
 so far as such rights conflict with the provisions of this chapter." Public 
 Statutes, chap. 148, § 9. Statutes 1876, chap. 213, § 11. (Ante., page 17), 
 Ross V. Ross, 129, Mass. 243. 
 
 Children Unprovided for by Parents' tFill,— "When a tes- 
 tator omits to provide in his will for any of his children,! or for the issue of a 
 deceased child, they shall take the same share of his estate that they would 
 have been entitled to if he had died intestate, unless they have been provided 
 for by the testator in his life time, or unless it appears that the omission was 
 intentional and not occasioned by accident or mistake." Public Statutes, c. 
 127, § 21. General Statutes, c. 92, § 25. Revised Statutes, c. 62, §21. The 
 same provision with the omission of "unless it appears that the omission, was 
 intentional and not occasioned by accident or mistake," is found in Statutes 
 of 1783, c. 24, § 8, and Province Laws, William III, c. I2 (Ancient Char- 
 ters, c. 70, § 2). 
 
 Posthutnous Children. — "When a child of a testator, born after 
 his father's death, has no provision inade for him by his father in his will or 
 otherwise, he shall take the same share of his father's estate that he would 
 have been entitled to if his father had died intestate." Public Statute, c. 127, 
 § 22. General Statutes, c. 92, § 26. Revised Statutes, c. 62, g 22. Statutes 
 of 1783, c. 24, §7. 12 William III, (Ancient Charters, c. 70, §1.) 
 
GENEEAL NOTES. 49 
 
 Devise or Lef/acy not Lapsed.—' 'When a devise or legacy is 
 made to a child or other relation of the testator and such child or relation 
 dies before, but leaves issue who survive the testator, such issue shall, unless 
 a different disposition is made or required by the will, take the same estate 
 that the person whose issue they are, would have taken, had he survived the 
 testator." Public Statutes, c. 127, § 23. General Statutes, c. 92, g 28. Re- 
 vised Statutes, c. 62, g 24. Statutes of 1783, c. 24, § 8. 18 Pick. 43. 
 
 Descent of Estates Tail.— Estates tail descend according to the rules 
 of common law, that is, the oldest son takes to the exclusion of all the other 
 children, i Gray, 284, 286. 
 
 Surplusage from Sale under a Power of Sale Mortgage. 
 
 — The general rule is if a sale under a power of sale mortgage takes place in 
 the life time of the mortgagor, the surplus is personal estate ; if after his 
 death, it is real estate, as the equity of redemption descends to the heirs at 
 law. I Williams on Executors, 577. Jones on Mortgages, § 1695. In Mas- 
 sachusetts the legal title to the proceeds of such sale, is held to be in the exe- 
 cutor or administrator, by force of the contract of mortgage, though when 
 he has collected the money, he holds it in trust for the heirs or devisees, as 
 the case may be. Jones on Mortgages, i; 1695. 8 Allen, 158, 160. 
 
 Advancements. — "Any state, real or personal, given by an intestate 
 in his lifetime, as an advancement to a child or 9ther lineal descendants, 
 shall be considered as part of the intestate's estate, so far as it regards the 
 division and distribution of such estate among his issue, and shall be taken 
 by such child or other descendants, towards his share of such estate ; but he 
 shall not be required to refund any part thereof, although it exceeds his 
 share.'' Public Statutes, c. 128, g i. General Statutes, c. gi, g 6. Re- 
 vised Statutes, c. 61, § 6. excepts the following clause, "that he shall not 
 be required to refund any part thereof, although it exceeds • his share." 
 Statutes 1805, c. 90, § 3. Statutes 1783, c. 36, § 7. 
 
 ' 'All gifts and grants shall be deemed to have been made as advancements 
 if they are expressed in the gift or grant to be so made, or if charged in 
 writing as such, by the intestate, or acknowledged in writing as such by the 
 party receiving them." Public Statutes, c. 128, g 3. General Satutes, c. 91, 
 § 8. Revised Statutes, c. 61, § 9, Statutes 1805, .,. 90, § 3. Under the 
 statutes of 1783, § 7, the evidence required to prove an advancement, was 
 that it should be charged in writing by the intestate or his order, or a mem- 
 orandum made thereof, or delivered expressly or for that purpose before two 
 witnesses who were bade to take notice thereof' 
 
 To constitute an advancement it must be proved to have been so intended, 
 ■'and chargeable on the child's share of the estate by certain evidence pre- 
 scribed." 17 Mass. 356, 358. An advancement cannot under the statutes, 
 be proved by parol. 2 Pick. 337. 
 
 If two executors or administrators are appointed and one dies, the estate 
 vests in the survivor, i Williams on Executors, 390. 
 
 Agreements for the Conveyance of Lands. — "Land articled 
 and devised to be sold and turned into money, is reputed as money, and 
 
50 GEIiTERAL NOTES. 
 
 money articled or bequeathed to be invested in land, has in Equity, many of 
 the qualities of real estate and is descendible and devisable as such." 2 
 Story's Eq. Jur., § 790. 
 
 "If a man has entered into a valid contract for the purchase of land, he is 
 treated in Equity as the equitable owner of the land ; and the vendor is treat- 
 ed as the owner of the money. The purchaser may devise it as land, even 
 before the conveyance is made and it passes by descent to his heir as land. 
 2 Story's Eq. Jur., § 790. 
 
 Mortgaged Property in Trust, — When real estate is conveyed to 
 a trustee in trust to permit a mortgagor to receive the rents and profits, and 
 upon payment of the mortgage money to reconvey to the mortgagor, and 
 upon default of payment, to sell the premises and pay over the residue to the 
 mortgagor, after payment of the mortgage, then if no sale should be made 
 until after the death of the mortgagor, it will pass by his devise to his devisee, 
 or to his heir as real estate, and not as personality. 2 Story's Eq. Jur., § 
 790. 2 Hare, R. 38. Dalzell on the Law of Conversion, 89. 
 
 THE PRESENT VALUE OF LIFE ESTATES. 
 
 From the following table the present value of a life estate may be deter- 
 mined by the Wigglesworth or the " Combined Experience"* tables of mor- 
 tality at six per cent. The Wigglesworth table, which was adopted many 
 years ago by the Supreme Judicial Court, is an old table, and the results ob- 
 tained from it are not as accurate as later tables afford. The " Combined 
 Experience" table is based upon computations made by seventeen Life In 
 surance companies, and was deduced from 62,537 assurances under the su- 
 pervision of a commissioii of accomplished actuaries. The latter table was 
 published in 1843, and its results are considered very accurate. 
 
 In the following table the sums given opposite the numbers representing 
 the ages will show the present value of a dower estate for every $100 of the 
 whole estate at six per cent, per annum. To find the present value of a 
 dower estate from this table, multiply the sum found opposite the number 
 representing the age by the number of hundreds in the entire estate, and the 
 product will be the present value of the dower estate. 
 
 To illustrate, let the whole value of an estate be $10,000, and the widow 
 who is entitled to dower is 50 years of age. Look for 50 in the column 
 headed age ; opposite this number in the column headed Wigglesworth is the 
 sum $20.19 (tl's present value of a dower estate worth $100,) multiply this 
 sum by 100 (the number of hundreds in 10,000) and the product is $2,091, 
 which is the present value of her dower according to the Wigglesworth table. 
 According to the " Combined Experience" table it is $2,070. 
 
 As a dower estate is one-third of the entire real estate for life, the value 
 of an estate by the curtesy, which is a life estate in the whole real estate, 
 may be found by multiplying the value of a dower estate in the given estate 
 by three. 
 
 So any life interest in a fractional part of the whole estate can be found 
 by taking a corresponding part of the value of the estate by the curtesy. 
 
 *"Oombined Experience" or "Actuaries" Sts. 1886, c. 186. 
 
GENERAL NOTES. 
 
 51 
 
 TABLE 
 
 (taken fkom "smith's probate law,") 
 
 Showing the, present value of a widow's dower in an estate worth $ioo, at any 
 age from 1 5 /i7 98 inclusive, computed at six per cent. , accordiiig to the Wig- 
 glesworth and " Combined Experience" Tables of Mortality. 
 
 Age. 
 15 
 
 Wiggles- 
 worth. 
 
 Combined 
 Expe- 
 rience. 
 
 Age. 
 43 
 
 Wiggles- 
 worth. 
 
 Combined 
 Expe- 
 rience. 
 
 Age. 
 
 Wiggles- 
 worth. 
 
 Combined 
 Expe- 
 rience. 
 
 $24.71 
 
 $28.30 
 
 $22.30 
 
 $23.22 
 
 71 
 
 $12.45 
 
 $10.87 
 
 16 
 
 24.63 
 
 28.20 
 
 44 
 
 22.21 
 
 22. go 
 
 72 
 
 11.98 
 
 10.40 
 
 17 
 
 24.56 
 
 28.11 
 
 45 
 
 22.10 
 
 22.56 
 
 73 
 
 11.50 
 
 9.92 
 
 18 
 
 24.49 
 
 28.00 
 
 46 
 
 21.88 
 
 22.21 
 
 74 
 
 11.04 
 
 g.46 
 
 19 
 
 24.42 
 
 27.90 
 
 47 
 
 21.65 
 
 21.85 
 
 75 
 
 10.57 
 
 9.00 
 
 20 
 
 ■ 24.36 
 
 27-79 
 
 48 
 
 21.41 
 
 21.47 
 
 76 
 
 10.08 
 
 8.55 
 
 21 
 
 24.30 
 
 27.67 
 
 49 
 
 21.17 
 
 21.09 
 
 77 
 
 9.59 
 
 8.10 
 
 22 
 
 24.23 
 
 ■ 27.55 
 
 50 
 
 20.91 
 
 20.70 
 
 78 
 
 9.10 
 
 7.66 
 
 23 
 
 24.16 
 
 27.42 
 
 51 
 
 20.63 
 
 20.30 
 
 79 
 
 8.63 
 
 7.24 
 
 24 
 
 24.10 
 
 27.29 
 
 52 
 
 20.35 
 
 ig.88 
 
 80 
 
 8.19 
 
 6.82 
 
 25 
 
 24.05 
 
 27.15 
 
 53 
 
 20.05 
 
 19.46 
 
 81 
 
 7.72 
 
 6.41 
 
 26 
 
 23.97 
 
 27.00 
 
 54 
 
 19.74 
 
 19.03 
 
 82 
 
 7.27 
 
 6.00 
 
 27 
 
 23.88 
 
 26.85 
 
 55 
 
 19.42 
 
 18.59 
 
 83 
 
 6.88 
 
 5-61 
 
 28 
 
 23.78 
 
 26.69 
 
 56 
 
 ig.o8 
 
 18.14 
 
 84 
 
 6.60 
 
 5-21 
 
 29 
 
 23.69 
 
 26.53 
 
 57 
 
 18.72 
 
 17.69 
 
 85 
 
 6.53 
 
 4.82 
 
 30 
 
 23-59 
 
 26.35 
 
 58 
 
 18.34 
 
 17.22 
 
 86 
 
 6.01 
 
 4.42 
 
 31 
 
 23.50 
 
 26.17 
 
 59 
 
 17-94 
 
 16.75 
 
 87 
 
 5.55 
 
 4-03 
 
 32 
 
 23.42 
 
 25.98 
 
 60 
 
 17.53 
 
 16.27 
 
 88 
 
 5.23 
 
 3-63 
 
 33 
 
 23-33 
 
 25-79 
 
 61 
 
 17.08 
 
 15.79 
 
 89 
 
 5.08 
 
 3-24 
 
 34 
 
 23.25 
 
 25.58 
 
 62 
 
 16.61 
 
 15.30 
 
 90 
 
 5.46 
 
 2.«6 
 
 35 
 
 23-17 
 
 25.36 
 
 63 
 
 16.12 
 
 14.81 
 
 91 
 
 4.84 
 
 2.48 
 
 36 
 
 23.09 
 
 25.14 
 
 64 
 
 15-59 
 
 14.31 
 
 92 
 
 4.10 
 
 2. II 
 
 37 
 
 22 94 
 
 24.90 
 
 65 
 
 15-03 
 
 13.82 
 
 93 
 
 3-37 
 
 1.76 
 
 38 
 
 22.83 
 
 24.65 
 
 66 
 
 14-63 
 
 13.32 
 
 94 
 
 2.65 
 
 1-43 
 
 39 
 
 22.72 
 
 24-39 
 
 67 
 
 14.22 
 
 12.83 
 
 95 
 
 2.04 
 
 I.14 
 
 40 
 
 22.61 
 
 24.12 
 
 68 
 
 13-80 
 
 12.33 
 
 96 
 
 1.46 
 
 .go 
 
 41 
 
 22.51 
 
 23.84 
 
 69 
 
 13.36 
 
 11.84 
 
 97 
 
 I. II 
 
 -72 
 
 42 
 
 22.40 
 
 23-54 
 
 70 
 
 I2.gi 
 
 11.36 
 
 98 
 
 -94 
 
 -47 
 
^j-s- -^3^2 
 
 ..•»'JP-«!!rJ!