PUBLIC GENERAL LAW.

2613

Page.

DENIZENS.

See JURORS.

DESCENTS.

Where any person seized of an estate in any lands, tenements or here-

ditaments lying in this state, in fee simple or in fee simple condi-

tional, heretofore or hereafter acquired, or of an estate in fee tail,

generally created after the commencement of this act, shall die in-

testate, such lands, tenements or hereditaments, shall descend in fee

simple to the kindred male and female of such person in the order

therein prescribed — 1820, ch. 191, sec. 1, . ...

745

No right of inheritance shall vest in any one except the children of the

intestate and their descendants, unless such person is capable of

taking at the time of the intestate's death — 1820, ch. 191, sec. 2, .

746

No distinction shall take place between the whole and the half blood

descendants of the parent from whom the estate descended — 1820,

ch. 191, sec. 3, ..........

747

On the death of a father or mother in the descending or collateral line,

the children to be considered by representation in the same degree

with the parent, and to have the same share of the estate, but no

representation to be admitted among collaterals after brothers' and

sisters' children— 1820, ch. 191, sec. 4, .....

747

Children having received any real estate by way of advancement, may

elect to come into partition on bringing the same or its value at the

time of advancement into hotchpot with the estate descended —

1820, ch. 191, sec. 5, . . . . .

747

But not to be entitled to any part of the estate without bringing the

advancement into hotchpot, if there be another child or children

unprovided for — 1820, ch. 191, sec. 5,

747

This act not to effect any entail created before the 1st January, 1788,

nor to interfere with or alter any limitation in special tail, or any

widow's right of dower — 1820, ch. 191, sec. 6,

747

If any man shall have children by any woman whom he shall after-

wards marry, such children, if acknowledged by the man, shall be

legitimated — 1820, ch. 191, sec. 7, ......

747

When the parties entitled, cannot agree upon the division of the intes-

tate's estate, or in case any party entitled be a minor, an application

may be made to the county court of the county, who shall issue a

commission to five commissioners — 1820, ch. 191, sec. 8,

748

Oath of commissioners — 1820, ch. 191, sec. 8, .

748

Commissioners to determine the value of the estate, and whether it will

admit of division, and if so, then to make partition thereof into as

many parts as it is capable of, and ascertain the value of each part

—1820, ch. 191, sec. 8, ........

748

If the estate cannot be divided without lose, the commissioners shall

make return of their judgment thereon, and of the value of the

estate, and if the judgment of the commissioners be confirmed by

the county court, then at the next term the eldest person entitled,