NOV. 1786.
CHAP. 45.
And elect to come
into partition, &c. |
APPENDIX——CHANCERY LAWS.
5. AND BE IT ENACTED, That any child or children
of the intestate,
or their issue, having received from the intestate any real
estate by way of advancement, may elect to come into partition
with the other parceners, on bringing such advancement into hotchpot
with the estate descended; but such child or children, or their
issue, shall not be entitled to claim a share by descent, without
bringing such advancement into the common stock or hotchpot, if
there be another child or children unprovided for. |
Entails, &c. not to
be affected, &c.
Children legitimized,
&c. |
6. AND BE IT ENACTED, That nothing herein
contained shall be
construed or taken to alter, or in any manner charge the course of descent
as heretofore used and established, so as to effect the case of any
entail or limitation in tail whatever, made, created and in being,
before the commencement of this act, but the same shall, during
the continuance of the estate in tail or limitation in tail, and until
the same may be legally destroyed or barred, descend according to
the course of descent heretofore used and established, nor shall
any thing herein be taken or construed to interfere with or alter
any limitation, grant or gift, by devise, conveyance or otherwise,
in special or particular heirs in a different course of descent from
what is by this act specified, but in such cases the descent shall be
according to the limitation or form of the gift, devise or grant, until
the entail shall be legally barred or destroyed; nor shall this act,
or any thing therein contained, be taken or construed to bar or affect
any widow's right or dower. |
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7. AND BE IT ENACTED, That if any man shall
have one or
more children by any woman whom he shall afterwards marry,
such child or children, if acknowledged by the man, shall in virtue
of such marriage and acknowledgment be hereby legitimized, and capable
in law to inherit and transmit inheritance as if born in wedlock. |
Where parties
cannot agree, application
may be
made to the court,
&c. |
8. AND BE IT ENACTED, That in case the parties
entitled to
the intestate's estate cannot agree upon the division thereof, or in
case any person entitled to any part be a minor (a,) an application
may be made to the court of the county where the estate lies, and
the court shall appoint and issue a commission to five discreet sensible
men, who before they act shall take an oath, to be annexed to
the commission, well and truly, and without favour, partiality or
prejudice, to adjudge and determine whether the estate will admit
of being divided without injury and loss to all the parties entitled,
and to ascertain the value of such estate in current money (b,) and
(a) By 1802, ch. 94, s. 1, where
any of the heirs of a person deceased without
will, shall sell out their right and title to the intestate's real estate,
and the purchaser,
and the other heirs, cannot agree upon a division, or in case any person
entitled to any part be a minor, in order to obtain a division of the estate,
the purchaser
or heirs may effect the same agreeably to the directions and provisions
of
this act. By 1810, ch. 23, s. 3, where a person is entitled to an
undivided part of
an intestates real estate by devise in fee, the same proceedings shall
be had, &c.
By 1814, ch. 109, s. 5, where any person shall have devised, or may hereafter
devise, any lands, &c. to two or more persons as joint tenants, or
tenants in common,
any one or more of such devisees, being of lawful age, may make application
to the county court of the county where the lands, &c. may lie, for
a commission
to divide the same, and upon such application the court shall appoint five
judicious and disinterested persons to divide and make partition among
all the parties
entitled to do the same. By section 6 the said commissioners, or
a majority of
them, are to make the same oath or affirmation, and proceed to divide the
lands,
&c. among the devisees agreeably to the will of the deceased, &c.
(b) By 1797, ch. 114, s. 6, the commissioners
are directed to take into consideration
any incumbrance on the lands and report the value of the lands subject
to the incumbrance. As to the laying off the widow's dower, and the
part or
portion of a tenant by the curtesy, &c. see note (f). |
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