Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-12-08

o. thc ADMINISTRATION and distribution
Of intcstate estates"
zee. /. IL any person entitled to.a dis
tributive share in the estate Of a deceased
person, shall have been, or shall be absent
and not heard from for the period Of ten
years from the death of such deceased per-
son, such absent person shall he deemed 10
be dead, and such share shall be distributed
70 the known heirs Of such absent person
provided, that before sarh distribution shall
he made, the probate court shall cause no.
tlce to be given in the same way that notice
is now required by law to be given on settle
ment of an administrator account.
Sec. 2. This act shall take effect from its
passage.
Approved, October %, 1870.
No. 30.-An Act in amendment of section
one of chapter ffty-six of the general
statutes, relating to estates of deceased
persons
Sec. l. Section one of chapter fifty
OF the general statutes is so amended as to
read as follows
"When any person shall die, seized of
any lands, tenements or Embellishments
within this state, or any right thereto, or be
entitled to any interest thereon which shall
not have been devised by will, the same, or
so q uch thereof as shall not be necessary
for the payment of the just debts, and the
expenses of settling the estate of the de-
ceased, shall descend in the following man
ner:
First In equal shares to his children, or
the legal representatives of deceased chill
dren.
Second If he leave no issue, his widow
shall be entitled to the whole of his estate
forever, if said estate shall not exceed two
thousand dollars. But if said estate shall
exceed that sum, then the widow shall be
entitled to two thousand dollars, and one
half Of the remainder of said estate; and
the remaining part of said estate shall de-
scend in the same manner as the whole would
if no widow had survived; and if the de-
ceased shall have no kindred, who by law
might inherit his estate, the widow shall be
entitled to the whole
Third. If the deceased person shall leave
no issue, nor widow, the whole Of his estate
shall descend to his father
Fourth IF he shall leave no issue, nor
widow, nor father, his estate shall descend
in equal shares to his brothers and sisters,
and to the legal representatives of any de-
ceased brother or sister and if his mother
be living, she shall have the same share as a
brother or sister
Fifth. If none of the relations above
named shall survive the deceased person, his
estate shall descend in equal shares to his
next of kin in equal degree, but no person
shall be entitled by right of representation
to the share of such next Of kin who shall
have died.
Sec. 2. This act shall take effect from its
passage.
Approved, November %, 1870
| No. 3I.-An Act relating to the descent and
distribution of intestate estates.
Sec l. When any married woman shall
die, seized of any lands, tenements, or her
editaments within this state, or of any right
| thereto, or be entitled to any interest there
! in, which shall not have been devised by will,
| the same, or so much thereof as shall not be
necessary for the payment of the just debts
and the expenses of settling the estate of the
deceased, shall, in case she have no issue and
shall have husband surviving her. descend
| to such surviving husband, in the manner and
proportion provided as to a widow, in sec
| tiOn one of chapter ffty-six of the general
statutes.
Sec. 2. Married women may devise by
will all the personal estate of which they
may die possessed, but, when any married
woman shall die leaving no issue, but shall
leave husband surviving her, all the per-
sonal estate, or any right of interest therein,
of which she shall die possessed, not disposed
of by her last will, shall, after the payment
of the just debts, and the expense of set
ting the estate Of the diseased, be distrib-
uted to such surviving husband and the
heirs of such inestate wife, in the same man
ner as the estate of a married man dying in
testate, and without issue, would be distrb-
uted to his widow and heirs.
Approved, November %, 1870.
No. 32-An Act to provide for the revoca-
ton of the appointment Of guardians in
certain cases.
Sec. /. When by reason of incompetency
of parent to have the custody and educa-
ton of bis minor child, another person has
been appointed guardian Of such minor, such
appointment may be afterwards revoked at
any time provided the probate court shall
adjudge the parent to be competent and tit
person to have the care, custody and educa-
tion of such minor child.
Sec. 2. The application to have such ap- !
pointment revoked shall be made in writing, |
and whenever the parent shall make such ap- !
plication to the court he shall give to such !
guardian a notice of the time and place of 7
hearing such application, in such manner as
the court shall direct, which notice shall be
given or served on the guardian at least
twelve days before the time set for the hear
ing of such application.
Sec. 3. If, upon the hearing of such APP
the court shall be Of the opinion
that such parent is then competent and fit
person to have the care and custody of such
child, the court shall revoke such guardian
ship, and shall order such guardian to deliv-
er up the custody Of such child to the parent,
within such time such court shall deem
and proper.
Sec. 4. If such guardian shall neglect or
'eluse to obey such order within the time
specified, the court may issue a warrant,
directed to any sheriff or constable in the
state, requiring him to apprehend and i'm
prison such guardian in the common Jail
If the county, until he shall perform such {
rider, or be delivered by due course of
aw
Sec s. This act shall take effect from its
,assage.
Approved November 10, 1870. '
10. 80 An Act for the relief Of the lani- d
lies of insane persons.
Sec. l. All insane persons having a legal
ettlement in any town in this state, the an
ual income of whose estate shall not be
lore than sufficient for the support of the P
life and minor children of such insane per-
m shall he maintained and summarized bv |