They are very bulky, and with the exception of a few, particularly the 116th and 118th, which introduce the most sweeping and laudable reforms into the law of intestate succession, are much more interesting, as supplying materials for the history of the time, social, economical and ecclesiastical, than in respect of any purely legal merits.
The policy of many, particularly of those which deal with ecclesiastical matters, may also be condemned; yet some gratitude is due to the legislator who put the law of intestate succession on that plain and rational footing whereon it has ever since continued to stand.
If the husband dies intestate, leaving no descendants and no paternal or maternal kindred, the whole of his estate goes to his widow absolutely.
If the husband dies intestate, leaving a widow and issue, either by her or by a former marriage, the widow is entitled to at least one-third of his personal estate; if he leaves no issue by her, she is entitled to so much of his personal estate as was acquired by him by virtue of his marriage with.
With regard to the devolution of property upon death, it may be remarked that the law of intestate succession applies equally to real and personal estate, there being no law of primogeniture.
If the intestate leaves issue but no husband or wife, the issue takes the whole.
The conditions under which cases of advancement arise are as follows: There must be a complete intestacy; the intestate estate must be that of the father; and the advancement must have been made in the lifetime of the father.
Whenever a husband dies intestate, leaving a farm or a house and lot in a town or city which was the residence of the family at his death, his widow, widow and children, or children alone if there be no widow, may hold the same as a homestead to the extent of 160 acres if it be a farm, or one acre if it be a town or city lot.
A homestead of this size is exempt from levy for the debts of the intestate except in case of an incumbrance given by consent of both husband and wife, or of obligations for purchase money, or of liens for making improvements, and the homestead of a family cannot be alienated without the joint consent of husband and wife.
If either husband or wife dies intestate and leaves no issue the surviving spouse is entitled to the entire estate of the deceased, both real and personal.
A married woman may hold, acquire and dispose of property as if she were single, and the descent of the estate of a husband dying intestate is the same as that of a wife dying intestate, the survivor being entitled to onethird of the estate if there are one or more children, and to one-half of the estate if there are no children or other lineal descendants.
If a husband die intestate and leave no other heirs the widow is entitled to all his real estate in fee simple.
When a wife dies leaving a husband of whom there has been issue born alive, he has by the courtesy a life interest in all her real estate and all her personal estate; if the wife die intestate and leave no other heirs the husband is entitled to all her real estate in fee simple.
Other creditors were also protected, and the property of an intestate must be distributed to his heirs under the supervision of the church.
When a husband or a wife dies intestate one-half of the property of the deceased goes to the survivor; if there are no children or descendants of any child three-fourths of it goes to the survivor; if there are no children or descendants of any child and the estate does not exceed $10,000 the whole of it goes to the survivor.
The property of an intestate leaving a widow or widower, but no issue, goes to the survivor if not over $5000 in value; if over that amount, one-half the excess goes to the survivor and one-half to the father and mother of the deceased or to either of them.
(1) The taking away of all matrimonial, testamentary and ab intestate jurisdiction by 20 & 21 Vict.
The state (or a local authority created by the state) registers his birth, appoints his guardian, provides schools for him and pays for them, allots him a share in the property of a parent dying intestate, licences him when he enters a trade (if the trade needs a licence), marries him, divorces him, entertains civi] actions against him, tries and executes him for murder.
Failing natural heirs of an intestate freedman, the master, now patron, succeeded to his property at his death; and he could dispose by will of only half his possessions, the patron receiving the other half.
When a husband dies intestate leaving a widow and issue, the widow has the use of one-third of his real estate for life and one-third of his personal estate absolutely; if he leaves no issue but there be collateral heirs or other kindred, the widow has the real or personal estate or both to the value of $5000, the use of one-half the remaining real estate for life, and one-half the remaining personal estate absolutely; if the husband leaves a will the widow has the choice between her dower right and the terms of the will.
If the wife dies intestate the husband has a right to the use of her real estate for life, and to one-third of the personal estate if there is issue; otherwise to the whole.
If either husband or wife dies intestate and there are no descendants the whole of the estate passes to the survivor; if there are descendants the surviving spouse has the use of the homestead for the remainder of his or her life, an absolute title to one-third of the other real estate of the deceased, and to personal property limited to $1000 besides wearing apparel.
The descent of the estate of a husband dying intestate is the same as that of a wife dying intestate; if there is only one child, or the issue of only one child, the surviving spouse is entitled to one-half of the estate; if more than one child, to one-third of the estate; and if no children, father, mother, brother or sister, to the whole of the estate.
When a wife dies intestate leaving a husband and issue the husband has the use of all her real estate for life, and the personal estate is divided among the husband and children share and share alike; if there be no issue the husband has the use of all her real estate for life and all her personal estate absolutely; if the wife leaves a will the husband has the choice between its terms and his right by courtesy.
When either husband or wife dies intestate one-third of the separate real estate of the deceased goes to the survivor if there are two or more children, one-half of it if there is only one child, the whole of it if there are no children, no issue of children, and no father, mother, brother or sister.