New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-16
NOW PROPERTY DEScESDs WHERE
THERE IS NO WILL.


Frs n cssesyso-- Presses, Sos,AaL
Our readers would pei hsps ike 20 know to whom,
their property will 20 IN they do not dispose Of il
by VIII Themselves and we vii therefore lay before
them the main provisions Of the New York Statutes
Oh n IL subject.
person wbo dies without making VIII, is said 70
die atestate Those whom his real estate goes arc
ssid 10 take By de,o,sf those who inherit the personal
uropert, take il By dtsrTbvt0z The real estate de-
sesa4s the personal i dfstrTbHted.
II the u;esiaie leave 3 widow she il entitled 20 he
nee dnrng Der life, Of the third part Of all the lands
owned By Der husband duri0g the marriage This 10
the vifes d0rer; ard such dover may be barrel
by ioiuiure or by Iecunisry or Other proyson, IL
sh,- nss. nj 10 H. in leu OF DOVER II her kdsbanf
have exchanged lsnds she canno, bave dover n boh
bu, NAV elect; and If the lands have been sod on
mortgage given for purchase money she csn only have
dover in the surplus. After the widows dover Is set
of the residue OF the real estate = liable Tor the debts
OF the interstate il they could Dot be paid out OF
the personal pTOpTfyi snd such residue together with
tie widow Thru sfeT her DEATH then desceads thus:
l. To the children in equal parts; bat IL any such
children shall have died leaving iss then such issue
are take The share which he parent would Save ne
ceived II living.
the inheritance zoe. 10 bis father If living, unless it
came 10 the niestae from his her and she be living;
but if she be DEAD the inheritance derived from her
goes TO the father Tor life and hen to the brothers and
sters but il there be brothers or sisters or their
defendants living, then 70 the father in fee.
8 If tie uiesra,e die without 6escen isnts and his
father be lot living be eated 10 take under the
les, provision, ih' the Inheritance goes TO me mone
during her life and after death 10 the brothers and
sisters but if there be broihers or listers Or tner
descendants then the inheritance goes TO the mother
in fee
mother the Inheritance goes 70 the brothers and sisters
II should be mentioned here ths; 10 all cases, the
defendants Of parent who L dead take me saare
which would have belonged 70 the parent If living.
3 II there be 10 brothers sisters or descendants
of brothers or sisters. the unc.es and aunts On both
sides take the Inheritance unless have come 70 me
ipesa'e on the part of the father In which case his
brothers and sisters and their descendants, are to DO
nreserred: but if L have come from tie mother, her
brother and sisters aud their descendants 10 be pre-
terred 10 these Of the father
g. If an inesiaic who Is Legitimate de WITHOUT de-
scendans the inheritance goes 10 the mother and Der
relatives. -
not entitled 10 inherit. -
those Of the whole blood; unless the inheritance were
derived from an ancestor in which case those not OF
the blood OF the ancestor are excluded
The personal property OF iniesfae = 10 be hrst
apped 10 pa, HIS deb;s and the residue Is TO be DIS
tribuied as follow;
1. One-,hird to the widow, and the residue in equal
parts to the children if living, and the children OF such
a. NAV be dead take the portion which would have be
q II there De no children nor any legal representa-
tivfs of them the widow takes bali and the otaer hall
is distributed among the next OF KID as neh1ohed Oe
low.
g. II there be 10 descendant parent, brother or SIS
ter nephew or niece the widow takes the whole but
if there be brother sister, nephew or niece, the
widow takes Ouehalf and takes out OF the other half
TO the amount OF two thousand dollars and the residue
III sn, is then distributed 10 the brothers and sisters
and their repre- seDtetIyes.
A. II there be no widow the whole goes TO the chill
dren and their leg 81 representatives.
s. II there he widow and no children, AMI no re-
preseniatives of child, ten the whole is distributed
TO the of kin IN equal degree 10 the deceased and
their legal representatives.
g. II there be widow, but no children or repre-
sentatiyes of them, and father, the widow takes
one half the mother oDe-quarter and tie brothers and
sisters, or their representatives, one-quarter.
T. II there be a widow, and father, but no child
or descendant the widow takes hall, and the father
half; but if there be widow, the father takee the
whole.
g. If the iniestate leave mother, and no descend
ant. father brother, sister, or representative OF q
brother sister the widow takes half aud the mother
half, bat if there be widow the mother takes the
whole.
O. The property Of an ntestate who is Legitimate
if be have descendant widow, goes TO the mother
AID her relatives.
TO- AdyaDcements of real or personal property made
TO child before the death Of the intesate, 10 be
taken into the account 30 to make the portions Of
the children equal.
The foregoing the provisions Of our laws in the
main, omiitiDg some minut2 which not of gen.
eral interest. Most of our readers see how
their property will be disposed of If they neglect TO-
dispose of il themselves. II they do not like the
provisions they should lose time in making their
wills there plenty Of legal gentlemen who for a
fee of FIVE dollars will help them to dispose d
their estates precisely as they wouli wish.