, 1854-06-10

ueu, however, '.f
6. If any person shall die leaving sew
eral children or leaving one child, and the
issue of one or more others, and any such
surviving child shall die Under age and not
having been married, all the estate that
came to the deceased child by inheritance
from such deceased parent, shall descend
in equal shares to the other children Of
thogsame parent, and to the issue Of any
such either children who shall have died, by
right of representation. .. .a ...I y
7 If, at the death Of such child, who
shall die under age, not having been mar
ried, all the other children of his said pa,
rent shall also be dead, and any Of them
shall have left issue, the estate that came
to such child by inheritance from his said
parent shall descend to all the issue of the
other children of the same parent; and il /
all the said issue are in the same degree
of kindred to the said child they shall
share the estate equally, otherwise they
shall take according to the right Of repre-
sentatiOn. n. f .-ff
8. If the intestate shall leave no kin
dred, his estate shall escheat to the Terri
tory. .at
Sec. 232. Every iIlegitimate child shall
be considered an heir of his mother, and
shall inherit her estate in whole or in part O
as the case may be, in like manner as ifhe
had been born in lawful wedlock but such
illegitimate child shall not be allowed to /.
claim, as representing his mother. any part
of the estate of her kindred, either hneal
or collateral.
Sec. 233. II any illegitimate child shall
die intestate, without lawful issue, his es-
tate shall descend to his mother, excepting
in the case provided for in the following
section. ssal o,
234 When after the birth of an lille
gitimate child his parents shall intermarry,
and his father after the marriage shall ac- I
knowledge him as bis child, such child
shall be considered legitimate to all in al
tents and purposes. ls.ess 10 siogy y'il
Sec. 235, The degrees Of kindred shall
be computed aecordingt to the rules Of then
civil law, and the kindred of the half
blood shall inherit equally with those Of the u
whole blood in the same degree. s'di yi znl
Sec. gao Any estate, real or personal,
that may have been given by the intestateu uc
in his lifetime as an advancement to anyd
child or other lineal descendant, shall be Oh
considered part of the intestaie's estateys
so far as regards the division and distri- o
button thereof among his issue, and shall
be taken by such child or other descendant
towards his share Of the intestate's estate
Sec. 237. If the amount Of such ad-
vaneement shall exceed the share Of the
their so advanced, he shall be excluded 1
from any further portion in the division ~
and distribution Of the estate, but be shall
not be required to refund any part Of such ..
advancement and if the amount so recei-
we'd shall be less than his share, he shallibe
entitled to so much more as will give him b
his full share Of the estate Of the deceased.
Sec 23s. If any such advancement shall
have been made in real estate, the value
thereof shall, for the purposes Of the pre-
ceding section, be considered as part Of
the real estate to be divided aud If Il
be in personal estate-and if in either
case it shall exceed the share Of real or
personal estate. respectively, that weuld
have come to the heir so advanced, he shall
not refund any part of it, but shall receive
so much less out Of the other part of the
estate as will make the whole share equal
to those of the other heirs who are in the
same degree with him. 1u .A3ifad
Sec. 239. All gifts and grants shall be .
deemed 10 have been made in advance
ment If expressed in the gift or grant to be
so made, or if charged in writing by the
intestate as an advancement, or acknowls
edged in writing as such by the child or =
other descendant. ea1ri gI si1n'. i0u
Sec. $40. If the value Of the estate 50
advanced shall be expressed in the con-
veyance or in the charge thereof made by
the intestate, or in the acknowledgement
by the party receiving it, 1T shall be con-
sideTed Of that value in the division and
distribution of the estate, otherwise it shah
be estimated at its value when given. @ '''+'
Sec. 24l. If any child or Iineal de-
scendant so advanced shall die before the
intestate leaving issue, the advancement
shall bo taken into consideration in the d.
vision and distribution Of the estate, and the
amount thereof shall be allowed according
ly by the representatives Of the heir SO ad-
vanced, as so much received towards their
share Of the estate, in like manner as IL
the advancement had been made directly to
them.
Sec. 942. Nothing contained in this
act shall effect the title of a husband ss
tenant by courtesy nor that Of widow as
tenant in dover.
Sec 243 The word issue as used in
this act includes all the lawful Hneal de-
scendants Of the ancestor and the words
real estate, include all lands tenements and
hereditaments, and all rights thereto and
all interests therein possessed and claimed
in fee simple, or for the life of a third per
son. Inheritance or succession by right
of representation, takes place when tho
descendants Of any deceased heir take the