The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-11-26
nninr Wiihnnt Making a Will.

from making wills for the reason as they say
that "thc law makes good enough will for
Them BY this they mean says the Ledger,
that what are called the Intcstate Laws of
the State of Pennsylvania, makes a suiii-
ciently fair and proper disposition of the
property of any person who dies "intestate'
that is to say without having made Il will.
la general terms this is true. The laws are
in the main just laws, and yet the disposition
of the property of an "intcstatc' as made by
the laws, is not always such as the deceased
person would have preferred, NOR is it always
au equitable disposition. In this article we
propose to tell in II general way, and for the
benefit of general readers, how the "intestate
Laws operate in the cases of most frequent
occurrence. There are two principal classes
of property as to the descent of which the
"Intestate Laws make a broad distinction
which must be kept in mind. There is"real es-
tate (which meaus( broadly )houses and lands;
and "personal estate which means money
bonds, stocks, goods, merchandise, furniture,
iewory, and generally all valuables that are
movable" Real estate" is subject to one
kind of disposition by the law and personal
estate" to another. When person possessed
of property dies, the first claim against the
property is the payment of the just debts OF
the deceased and the legal charges against
the estate. If there be no will, and no
marriage settlement,the remainder, after the
debts are paid, is disposed of by the law, as
follows:
Where the deceased person has left a
widow and child or children, or the de-
scendants of child or children, the widow
is entitled to one third part of the personal
property absolutely THAT is, to dispose of in
any way she thinks proper,) and to one
third of the real estate for the term of her
life. The other two-thirds of both the per-
sonal and real estate become the property Of
his child or children, and the descendants OF
any children that may be deceased. The re-
naming one-third Of the real estate, in
which the widow has life estate, also de-
scend5 Mt her decease to the child or children,
or the descendants of any decease child or
children. or to their heirs.
Where the deceased person has made no
will, and has left widow but no child nor
descendant of any deceased child, but has left
what the law calls collateral heirs" father,
mother, sister, brother, nephew, niece or
other kindred, the laws make the following dis
posal Of the property: One-half part fthe
personal estate goes to the widow absolutely,
and one-half part of the real estate for the
term ofherli The other half of the personal
properly goes absolutely to the father and
mother Of the deceased person, if they be
living, or to the survivor, if one Of them be
dead, and they take life interest in the real
estate subject to the life interest of the wild
ow in one MALT of it but, in this instance,
the fee-simple to the real estate descends to
and vests in the brothers and sisters Ii both
father and mother be dead, then the remain
ing half of the personal property and the
real estate, subject to the widows one-halt
life interest 20 to the brothers and sisters, or
brothers or sisters of "the whole blood" or
the descendants Of any deceased brother or
sister of the whole blood" If none OF
these be living, then the title to the real
G F9v 0Pgc@ @ To- TIE e ayhSE SE eaa Ht mother or
brother or sister of the "half bloodn comes
in. If none of these be living, the "next OF
kin" comes in, but rs the description of the
lescent to these would go too much into de-
all, we omit further mention OF it at this
ime.
Where woman dies possessed of property
md makes no will, the law disposes of her
state rs follows: Ii she leaves husband
md child or children, or the descendants
If any deceased child or children, her per-
onal property goes to the husband, and the
hild or children share aike-the descend
nts of any deceased child taking the shar,
Which such child would be entitled to ii |
living. The real estate descends to the child |
r children and to the descendants of any
eceased child but the husband is entitled |
0 the income of the real estate during the |
erm of his life.
Where woman dies possessed Of property |
nd without making y will, and leaves |
usband, but no child, and no descendant of |
ny child, but leaves collateral heirs" as |
boye described, the personal property goes
0 the husband absolutely, and he takes also |
he income of the real estate for the term of |
is life, as above described. The real estate.
ubject to the husbands life interest, goes
Jr life term to the father and mother OF |
ne deceased woman or the survivor, if one
C dead; but the fee simple title descends to
nd vests in her sisters and brothers OF the
whole blood" If neither father nor moth
r be living, then the real estate goes to the
rothers and sisters and the descendants OF
ny deceased brother or sister Of the deceas-
woman in the orde. already mentioned.
no sister or brother or descendant of any
ster or brother of the "whOlc blood" be
wing, the free-aimple title Of the real estate
oes bac., to the father and mother as before
ientioned. Where such woman leaves
either husband nor child nor descendant in
ny degree, her father and mother tor the
Irylvor) take II life interest in her estate. the
,e-simple going to her sisters and brothers.
both father and mother be dead, then her
state goes to her brothers and sisters and
escendants OF any deceased brother or sister
none OF these be living, then the title
oes back to the father and mother, and ii
ley be dead, then to the sisters and brother,
the"half blood" In default ofthese, then
le estate goes 10 the next of the kin"
mong grand-nephews, grand nieces, uucles,
ants, cousins, &C., and the courts frequently
ave considerable diliicalty in deciding who
J next of kim"
The foregoing as stated in the beginning of
MS article, relate only to the most frequent
uses in which property is distributed by the
lntestate Laws" where the owner of the
roperty dies without making a will. These
'ws, however, go into much miuuter detail
lan can he snnpiRal In a l,r;,r ,,,,,,,..,..,. |