The Republican journal. [volume] (Belfast, Me.) 1829-current, 1895-12-26

not cleared. but excepting wild lands OF
By him. though Afterwards cleared. dssosads
according to the following rules:
L II he Leaves widow and issue, onethird
widow. And If no kindred. the whole to the
widow. And to the widower shall descend tho
same shares In his wife's real estate There
shall likewise descend to the widow or w1dowef
the same share In all such real estate Of which
the deceased was seized during covorture,
and which has not been barred or released Is
herein provided.
II. Tho remainder OF which he dies seized,
and If no widower or widow, the whole, to-
gether with all wild lands, shall descend In
equal shares to his children, and to the lawful
issue Of a deceased child by right OF represen-
tatiOn. Ii no child is living ut the time Of his
death, to all his lineal DESCENDANTS; equally, If
ell are of the same degree Of kindred; II not,
recording TO the right of representation.
III. If no such issue, 1t deScends to his
father and mother in equal shares
Nv. II NO such issue Or father, it descends
one,half to his mother. Ii NO such issue or
mother, it descends one-h half to his father. In
either case. the remainder desccnds In equal
shares ts' his brothers and sisters, and when a
brother or sister has died, TO MS or her
children or grandchildren by right OF repre-
yentation.
v. If no such Issue, father, brother or sister,
II descends to his mother. II no such issue,
mother, brother sister, it descendS to his
father. In either case, to the exclusion OF the
Issue of deceased brothers and sisters.
vi. II no such issue, father, mother, brother
equal degree; when they claim through differ
eDJ ancestors, to those claiming through q
nearer ancestor, in preference to those claim
ing though an ancestor more remote.
VII. When minor dies unmarried, leaving
property inherited from either OF his parents,
1t descends to the other children of the same
parent, and the issue OF those deceased; in
equal shares if all are of the same degree Of
kindred, otherwise, according to the right OF
representation.
VII. If the interstate leaves no widower,
Ii S1I,fl 10 tot CITE
SECT 3 Except as hereinafter provided.
the right of widows to dover i'll the real estate
Of their deceased husbands. and the right OF
widowers as sena.L by the courtesy in the real
estate of their deceased wives are hereby
abolished Section fourteen of chapter one
hundred and three OF the revised statutes Is
Ind the repeal of such laws as may be repealed
thereby, shall not be held to affect, modify, en-
arge or limit the rights and Interests which
my widower or widow now has In the estate
af Q vito or husband already deceased, nor
any Of tho remedies by which the same may
be enforced. Nor shall widower have any
Interest in the real estate OF his wife hereto
fore conveyed by her during coverture.
SECT. 3. A husband or wife OF any age, may
bar tho right and interest by descent, provided
Tor IN this act i'll an estate conveyed by the
other, by joining i'll the same, or subsequent
ieed, or with the guardian OF the other; or by
bo1e deed; but shall not be deprived OF such
light ard Interest by levy or sale OF the real
ESTATE on execution; but may, after the right OF
Interest by sole deed.
SECT. 4. such right and interest by descent
may be barred by jointure, pecuniary pro-
visions, or an antenup1ili settlement, in the
same manner, and 10 tine same extent, and with
the same effect mat dover may be thus barred
In accordance with The provisions of sections
seven, eight and nine of chapter one hundred
Snd three of the revised statutes.
SECT. 5. When "a specific provision is made
In will, for the widow or widower of a tesla
tor or testatvix such legatee or devisee shall
Sly ar thereof nr
within such further time, and under such c.-
cumstances. as ia allowed by chapter eighty
eight Of the public laws CT eighteen hundred
and eighty-seyen, and not afterwards, make
election and lie notice thereof in probate
court whether to accept 1t or claim the right
and interest by descent, herein provided; but
Is not entitled TO both, unless it appear by the
will that the testatOr or testatrtx plainly so III
tended.
SECT. 6. All releases OF dover in any man
ner heretofore or hereafter made, in estates
conveyed or mortgagcd by husbands, shall be
deemed to be releases Of slch right and inter-
est by descent, and shall have tie same effect.
SECT. 7. If the wife has heretofore released
her right CT dover in a mortgage made BY her
husband, or If her husband is seized OF land
moltgaged by another person, or by himself
before their marriage, she shall be entitled to
provided, in the mortgaged premises, as
against every person except the mortgage
and those claiming under him. And il the
heirs OF the husband, or other person claiming
under him, redeem the mortgage, she shall repay
such proportion of the money paid by him as
her interest IN the mortgaged premises bears
her right and interest by descent only ACCORD
Ing to the value of the estate, after deduotins
the money paid for its redemption:
SECT, =. Ii the wife of the grantOr or mort
gagcr of lands heretofore conveyed or mort
gagged has not released or barred Ter right Of
dover IN the same, she shall be entitled, as
against the grantee or mortgagee and those
claiming under him, to her right of dover
only, now existing. The wife OF one, here
tof0re dccreed to be insOivent under the pro-
Visions Of chapter seventy OF the revised
assignee, and those claiming under him, to
her right of dover only, as aforesaid.
SECT 8. Tho passage of this act shall not
affect any jointure or antenuptial settlement
or pecuniary provision heretofore made.
SECT. 10. If the owner of real estate con-
tracts to sell the same, and the husband OF
wife of the owner refuses to release his or her
interest AID right by DESCENT the owner may
apply to = Justice OF the supreme judicial or
superior court, who, after such notice TO the
other party as he may order. and hearing,
NAV, il bis discretion, approve the sale and
price, aud order the owner to pay to the clerk
otcourt, for such husband Oh wife Of the owner,
such sum as would amount to one-third Of the
price approved,f the owner has issue and one
half if he has no issue, at the expiration OF tho
owners expectancy OF life, computed at three
per cent, compound interest. The clerk shall
give a certificate OF such approval by the
court and of the fact that said money has
been paid as aforesaid, to be tiled with the
register or deeds IN tue county or registry
district where the Land lies, with the owners
deed thereof and such register shall record the
kame; and thereafter such interest OF right by
descent In sucn real estate, shall be barred.
Said CLERK shall receive fifty cents for making,
and said register twenty-five cents for record
Ing such certificate.
SECT. IL. Section nine Of chapter sixty OF
the revised statutes is hereby amended. 30 as
to read as follows:
SECT. O. When divorce Ia decreed for i'm
pstence, the wife's real estate shall DO restored
tc her, and the court may enter Judgment for
her against her husband for 20 much Of her
personal property Us came to him by the mar
riAgc, or its value In money, as It thinks rea.
scnable; and may compel him to Disclose, on
oath, what personal estate he so received, how
1t has been disposed Of, and what then remains.
When a divorce is decreed to the vito fox the
fault Of the husband for any other cause, she
khall be entitled to One-third, in common and
undivided OF all his real estate, except Wild
land, which shall descend to her as II he were
real and personal estate as In case Of divorce
forlmpotunce. The courtEna also decree to her
reasonable ahmony out OF his estate, having
regard to his ability; and to effect che purposes
aforesaid, may order SO much OF bis real es-
tate, or the rents and profits thereof as IL
necessary, to be assigned and set out 70 her
for life; or instead Of alim0ny. may decree Q
specific sum U be paid by him to her; and use
al necessary legal processes to carry tts do
cHees Into effect
Scot. ls. Section six Of chapter sixty-one Of
the revised statutes is hereby amended, so as
70 read as follows;
sakCT 8. When a married woman dies In
tostAte. her property, real and personal, de.
I<l<.di a1,n -