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DESCENTS |
time of the intestate's death, but any child born after
such death shall have the same right of inheritance
as if born before,
The child or children of a father or mother,
if
dead, shall be representation be considered in the
same degree as the father or mother would have been
if living, and shall have the same share of the estate,
If more children than one such share to be
equally divided among them,
Children, or their issue, having received
any real
estate by way of advancement, may elect to come into
partition with the other parceners, on bringing such
such advancement into hotchpot with the estate descended,
But they 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,
Nothing herein to alter the course
of descent before
used, so as to affect any entail or limitation made,
created, and in being before the commencement of
this act, &c.
Nor to alter any limitation, grant or gift,
by devise,
conveyance or otherwise, to 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,
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 legitimated, and capable in law to inherit and
transmit inheritance as if born in wedlock,
Directions for dividing the estate
by commissioners
where the parties cannot agree, or any one is a minor,
The commissioners directed, if the estate does
not admit of division, to report their judgment to
that effect, and the reasons and the value of the estate,
to the chancery or county court, as the case
may be,
To take into consideration any incumbrance,
and report the value accordingly,
An election given to children, (if of age,) successively
to take the estate at the valuation, and pay
the others their proportion,
The election to be made at the first term after
the return,
Directions for a sale if such election is not
made,
Such sale to be made under the order of the
court issuing the commission, and not to be valid till
ratified thereby,
Provision made for paying the commissioners,
&c.
The commissioners after payment, and the ratification
of the sales, empowered to convey such estate
to the purchasers,
If the sale is on credit, the bonds to be taken
to
the several representatives for their proportions,
The widow's dower to be laid off by the commissioners, |
Session
Ch. S.
1786 45 3
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1786 45 8
Notes (b) (e)
1785 45 8
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Note (b)
1786 45 8
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Note
1786 45 8
Note (c)
1786 45 8
Note (e)
1786 45 8
Note (f) |
