The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1885-05-28
The LAWS OF DESCENT.
How Property is Disposed of When Ono
Dies observation-disclosures of Estates

Dies observation-disclosures OF Estates
When person dies without having
male VIII the laws of descent step 10
AMI say how the properly shall be dis
tributei. The statutes of descent are
positive. arbitrary rules, and di1er in
different States. In general, property
descends to the next of kin OF the de-
ceased owner; but the technicalities Of
rules OF descent are many. and are such
as to interest only lawyers. In England.
from which country we derived our
common law" the laws OF descent are
very different from those that now pre-
vail in this country There vast estates
can be tied up in the hands of a single
family, making it impossible for ma
jority of the people to own any land al
all. In this country it has been the
policy of the law TO so arrange that
every man can have parcel of land a
his absolute property. independent OF
the claims of any landlord. With that
object in view. it is provided that when
a man dies without having made a viii.
large number of heirs at law are ad
mitted to a share in the property. En-
glish ''primogeniture would in SINH
lar case give everything to the first
born son. Another wise provision of
the statutes in most States of this
country is intended to prevent .'per-
petuities, or such dispositions of prop
erty that it must be kept together in
the same family for many years after
the death of the original owner. The
longest period for which a man, in the
United States, can control the owner
ship of his lands is about three gener-
| atoms.
There is practically no limit as to
persons who are capable of inheriting.
| The unborn child NAV take by descent,
and heirship is equally possible for the
white-haired old man. At common law
| aliens could not take or transmit prop
ertv bv descent; but in this country the
foreigner stands on nearly the same
! footing as the native born. or the nat
| uraliZed citizen. Formerly ille-
Ultimate children were denied all rights
| of inheritance; but in this country the
rule has been largely changed. and
baStards can now inherit, particularly
! from their mothers. In England
treason has been held TO so faint the
blood that no one can inherit from one
convicted of that crime; but in this land
of freedom, forfeiture of property for po-
lt;cal Ofienses has wisely been made
! impossible. The heir who takes an es-
tate is liable for all the debts of his an
cestOr, although in former days such
was by no means the case. If there is
not enough personal property to pay
the debts, the land has to be sold for
that purpose. If person who
dies intestate without wilD has, dur
ING his life time, given money or prop
erty to q prospective heir, this may be
taken as an advancement" and the
one so receiving be thereby excluded
from sharing equally with the rest in
the estate.
After the death of any person it is
always best that matters pertaining to
,uch persons property be at once care.
llly attended to. If there is will il
should be presented for probate. an ex-
ecutor be appointed and the steps re-
uuircd by statute be taken. If there is
no will, an administrator should be put
in charge of estate matters. A lawyer
should be retained to draw the neceS-
sary legal papers. and see that the re-
uuirementS of the statutes are strictly
complied with. Neglect in some OF
these particulars has not unfrequently
given rise to annoying litigation, and a
general overturning of titles which the
parties had considered unimpeachable
4 common illustration of this is found
in the case of wills, which are frequently
brought to light after the lapse of many
years. and are effective to deprive PEG
Pile of property for which they have paiC
large sums OF money!. S. Judd
in Prairie Farmer.