The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-12-13

no issue by her, and an agreement was entered
into between them previous 20 their marriage
( this provision shall be subject TO the exception
in relation to the dover of the widow in such
case.
SIC. 2. Al acts or parts of acts inconsistent
herewith are hereby repealed.
Approved November q, 1855
| NO. TAN ACT IN AMENDMENT
OF SECTION TWENTY-FIVE HUN
DRIED AND THIRTY OF THE RE
VISED LAWS, RELATING TO ES-
TATES OF DECEASED PERSONS.
his hereby enacted by The General Assembly
Of he State Of Vermont
SEC. 1. The third subdivision of section
twenty two hundred and thirty of the Re
vised Laws, is hereby amended so as to read
as follows
THIRD. If the deceased person leaves no
issue, nor surviving husband or wife, as the
case may be, the estate shall descend in equal
shares to the father and mother OF such de-
ceased person; and if the mother is not liy-
ing, the estate shall descend to the father;
or if the father is not living and the mother
survive, one-half of said estate shall descend
to the mother; and the remaining half shall
descend in equal shares to the brothers and
sisters of the intestate, and to the legal rep
resentatives of deceased brother or sister.
SEC. 2. The fourth subdivision OF sec
ton twenty-five hundred and thirty of the
Revised Laws is hereby amended so as to
read as follows:
FOURTH. If the deceased person leaves
no issue. nor wife. nor husband, nor father,
nor mother, the estate shall descend in equal
shares to the brothers and sisters OF such
deceased person, and to the legal represent
tatives of deceased brother or sister.
Approved November 81, 1888.
No. 7S.-AN ACT TO AMEND SECTION
2271 OF THE REVISED LAWS, RE-
LATINO TO APPEALS FROM COM
MISSIONERS.
II is hereby enacted By The General assembly
Of the State Of Vermont
SEC. 1. Section 2271 of the Revised
Laws shall be amended by adding thereto
the following words
In case of such an appeal, II any claim
in favor of the estate against the claimant,
or any claim in favor of the claimant
against the estate, has not been presentedto
the commissioners by reason OF fraud, ac-
cident or mistake, on trial of said appeal,
upon filing proper statements OF clam IN
county court, recovery may be had for sad
claim not presented to the commissioners BY
reason of said fraud, accident or mistake.
SEC. .. All acts inconsistent with this
act are hereby repealed.
SEC. 3. This act shall take effect from
its passage.
Approved November %, 1883.
M 7o-AN ACT RELATING TO THE
PROOF OF CLAIMS IN INSOLVENCY. /
his hereby enacted By the General assembly Of
the State Of Vermont:
SEC. L. The first subdivision OF section one
thousand eight hundred of the revised laws
is hereby amended so as to read as tOlOws'
Debts due and payable from the debtor az the
time of the filing of the petition may be proved
and allowed against his estate at any meeting
of the creditors holden within six months after
the adjudication of insolvency and debts exist
ing but not payable until a future day may be
proved and allowed as if presently payable,
with discount of interest when no interest," Is
nayable by the contract, and all claims not tlled
within six months from the adjudication OF IN
solvency shall be barred provided that the court
lf insolvency may, in its discretion, continue the
hearing upon any claim presented within the SIX
months limited, or may in its discretion permit
,reditor who has been debarred by failure to re-
,eiye due notice of the meetings OF creditors, or
other reasonable cause, from proving his claim
within the time limited, to prove his CLAIM at
my meeting of the creditors
SEC. 9. Section one thousand eight hundred
md eleven of the revised laws is hereby amended
ly striking out the last two lines, containing the
words " But the Judgment of the county court
Ill L G,l hot no glp thereof
court of insolvency"
SEC. g. Section one thousand eight hundred
md twelve of the revised laws is hereby amended
20 as to read as follows: Such appeals shall IN
,ther respects be governed as to the hearing the
bond for costs, exceptions to the supreme court
md the method of certifying the final Judgment
% the court of insolvency, by the laws applca-
Die to appeals from the finding OF commissioners
n the probate court The party prevailing on
appeal taken under section one thousand eight
hundred and ten or section one thousand eight
hundred and sixty-four of the revised laws shall
DC entitled to costs against the adverse party 10
De taxed and recovered as in suits OF law II re-
covered against the assignee they shall be al
owed out of the estate and the lists or schedule
If debts SHALL if necessary, be amended to cor
,espond to the final judgment.
SEC 4. This act shall take effect from Its
passage, but shall not apply to pending causes
Approved November y, 1888.
NO. 80. AN ACT MAKING A MAR
RIED WOMAN ELIGIBLE AS GUAR
DIAN OF HER HUSBAND, UNDER /
THE PROVISIONS OF CHAPTER
125 OF THE REVISED LAWS.
II is hereby enacted by the General assembly
# The State Of Vermont
SEC. 1, A married woman shall be eligi-
Die to the appointment of guardian OF her
husband, under the provisions OF chapter
L25 of the Revised Laws, and whenever APP
pointed such guardian, she shall have the
ame rights, powers and privileges, and be
ubiect to the same liabilities rs If she were
IN unmarried woman.
SEC. 2. This Act shall take effect from
is passage.
Approved INovember 7, 1888.
No. Sian ACT IN ADDITION TO
CHAPTER 1O5 OF THE REVISED
LAWS, RELATING TO EXECUTORS
AND ADMINISTRATORS.
Ills hereby enacted blythe General assembly
4 The State Of Vermont
SEC. 1. When an executor or administra-
or dies, resigns, is removed, or his author
ty is extinguished, leaving remaining ex-
cutor or administrator, administration may
,e granted to some suitable person as adj
Illustrator or as administrator with the
will annexed with such remaining executor
II administrator of the estate not admins
ered upon the application of any person
Interested in the estate of the deceased, as
widow, heir, creditor, deyisee, legatee or
heir Local representatives.
SEC. 2. An administrator appointed
Inder the provisions of section l of this act
hall have the same power in settling the
state as the remaining executor or admin
strator has and with said executor or adj
Illustrator may prosecute or defend actions
by or against the former exec
ltors or administrators, and may sue out
cire facias, and have execution on judg-
nents recovered in the name af such former
Executors or administrators.
SEC. g. When, on the application OF the
widow, heir, creditor, devisee or legatee of
deceased person, or their legal represent
atives, it appears to the probate court, on
fearing both parties, that the bond of the