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304
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TESTAMENTARY LAW. ' [ART. 93.
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of said intestate to said real estate in the same man-
ner as trustees under the apointment of said circuit
courts are now authorized to do, and the said or-
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Commissions
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phans' court may allow the same commissions to any
executor or administrator as are now allowed to a
trustee appointed to sell under a decree in equity.
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Ibid s 5
Valuation of
such real
estate.
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285. For the purpose of ascertaining the value of
said real estate, they are hereby authorized to issue
a warrant to appraisers in the manner as indicated in
sections one hundred and twenty-eight and nine of
article eighty-one of the public general laws, and if
upon the returns of said appraisement, it should ex-
ceed the sum of fifteen hundred dollars, the said or-
phans' court shall not proceed to order said sales.
In force from June 1, 1865.
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NOTE.—$1,600 in this last section should be changed to $2,600 to conform to 1866, c. 81.
WIDOWS.
1862, c. 101 amends and re-enacts section 292 as follows:
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1862, c, 101.
What propor-
tion of solvent
or insolvent
decedents' pro-
perty, .childless
widow to take.
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292. If the widow have no children and the dece-
dent is solvent, then the widow shall have the right
to take and apply to her own use such property to
the said amount of one hundred and fifty dollars,
under the provisions of the last preceding section ;
but if the widow have no children and the decedent,
is insolvent, then the widow shall only be allowed to
take and apply to her own use such property to the
amount of seventy-five dollars.
In force from June 1, 1862.
WILLS.
1862, c. 161 adds the following:
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1862, c. 161.
Words import-
ing want or
failure of issue
construed
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306. In any devise or bequest of real or personal
estate, the words " die without issue," or " die with-
out leaving issue," or " have no issue," or any other
words which may import either a want, or a failure
of issue, of any person in his lifetime, or at the time
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