The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1895-02-28


by him, though afterwards cleared, descends
according to the following rules:
Il. II he leaves q widow and issue, one-third
to the widow. Ii no issue, one-haf to the
widow. And II no kindred, the whole to the
widow. And to the widower shall descend the
same shares in his wifes real estate. There
shall likewise descend to the widow or widower
the same share In all such real estate of which
the deceased was seized during coverture,
and which has not been barred or released as
herein provided.
IL The remainder of which he dies seized,
and if no widower OF widow, the whole, to-
gether with all wild lands, shall descend in
issue of deceased child by right of represen-
tatiOn. If no child is living at the time OF his
death, to all his Iineal descendants; equally, if
all are of the same degree OF kindred; II not,
according to the right of representation.
III. If no such issue, it descends to his
father and mother in equal shares.
". If no such issue or father, 1t descendS
one-half to his mother. If no such issue or
mother, it descends onehalf to his father. In
either case, the remainder deScendS in equal
shares t., his brothers and sisters, and when a
brother or sister has died, to his or her
children or grandchildren by right OF repre-
sentation.
V. If no such issue, father, brother or sister,
1t descends to his mother. II no SUCH issue,
mother, brother or sister, it descendS to his
father. In either case, to the exclusion OF the
Issue of deceased brothers and sisters,
vi. If no such issue, father, mother, brother
or sister, it descends to his next OF kin in
equal degree; when they claim through differ
emit ancestors, to those claiming through a
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.
VIII If the intestate leaves no widower,
widow or kindred, it escheats to the state
SECT. ,. Except as hereinafter provided,
rio,t Of IridS to n in q
Of their deceased husbands, and the right of
widowers as tenant by the courtesyin the real
Estate of their deceased wives are hereby
abolished Section fourteen of chapter one
hundred and three of the revised statutes is
hereby repealed. But the passage of this act,
Ind the repeal of such laws as may be repealed
thereby shall not be held to affect, modify, en-
large or limit the rights and interests which
my widower or widow now has i'll the estate
pr a wifi or husband already deceased nor
any of the remedies 10y which the same may
be enforced. Nor shall widower have any
interest III the real estate of his wife hereto
fore conveyed by her during coyerture
SECT. B. husband or wife of any age, may
bar the right and interest by descent, provided
Tor in this act in an estate conveyed by the
sther, by joining in the same, or a subsequent
sole deed; but shall not be deprived Of SUCH
right and ieternst by levy or sale OF the real
estate OH execution; but may, after the right of
redemption has expired, release such right and
interest by sole deed.
SECT 4. Such right and interest by descent
may be barred by 1OlnIufo, p6cunlafy pro-
visions, or antenuptiai settlement in the
same manner, and 10 the same extent, and with
the same effect hat dover may be thus barred
in accordance with lhe provisions Of sections on
and three of the revised statutes.
SECT. 5. When a specific provision is made
in a will, for the widow or widower of tesla,
tor or testatrix, such legatee or devisee shall
within six months after probate thereof or
within such further time, and under such Cir
cuinstances, as is allowed by chapter eighty
eaitht of M pi
and eighty-seven, and not afterwards, make
election and flo notice thereof in probate
court whether to accept it 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 OF testatrix plainly so in
tended.
SECT. 6. All releases of dover in any man
ner heretofore or hereafter made, in estates
conveyed or mortgaged by husbands, shall be
deemed to be releases Of such right and inter
est by descent and shall have the same effect.
Scot. Z. If the wife has heretofore released
her right of dover in mortgage made by her
husband, or if her husband is seized of land
moitgsged by another person, or by himself
before their marriage. she shall be entitled TO
her right and interest by descent, as herein
provided, in the mortgaged premises, as
against every person except the mortgage
and those claiming under him. And it the
heirs of the husband, Or other person claiming
under him, redeem the mortgage, she shallrepay
such proportion of the money paid by him as
her interest in the mortgaged premises bears
to the whole value; else she shall be entitled to
her rlE1G ana interest by descent only accord
ing to the value of the estate, after deductin G
the money paid for its redemption.
SECT. s. If the wife of the grantor or mort
gagor of lands heretofore conveyed or mort.
gagged has not released or barred her right of
dover in the same, she shall be entitled, as
against the grantee or mortgage and those
claiming under him, to her right of dover
only, as now existing. The wife of one, here
tofore decrced to be insolvent under the pro-
Visions of chapter seventy of the revised
statutes, shah be entitled, as against the
md n limo lpdp n t11a tn
her right of dover only, as aforesaid.
SECT. g.. The passage of this act shall not
affect any jointure or antenuptial settlement
or peouniary 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 and right by descent, the owner may
apply 10 Il justice of the supreme judicial or
superior court, who, after such notice to the
Other party as he may order, and hearing,
may, in his discretion, approve the sale and
price, and order the owner to pay to the clerk
otcourr. for such husband OF wife of the owner,
such sum would amount to one-third of the
price approved if the owner has issue, land one
half if he has no issue, at the expiration Of the
owners expectancy of life, computed at three
per cent, compound interest. The clerk shall
give 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 of deeds in the county or registry
district where the land lies, with the owners
deed thereof, and such register shall record the
same; and thereafter such interest OF right by
descent III Hl1tru real estate, Slldu DC 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, so as
to read as follows:
SECT. 8. When divorce is decreed for i'm
potence, the wife's real estate shall be restored
TO her, and the court may ter judgment fol
her against her husband for so much of her
personal property as came to him by the mar
riage, or its value in money, as it thinks rea.
sonab.; and may compel him to disclose, on
oath, what personal estate he 30 received how
it has been disposed OF, and what then remains
When divorce is decreed to the wife for the
fault OF the husband for any other cause, she
shall be entitled to one-third, in common and
undivided Of all his real estate, except wild
land, which shall descend to her as if he were
dead and the same right to a restoration of her
real and personal estate, as in case of divorce
for impotence. sThe courtney also decree to heI
reasonable alimony out of his estate, having
regard to his ability and to effect the purposes
aforesaid, may order so much his real es
tate, OR the rents and profits thereof, as il
necessary, to be assigned and set out to hel
for life; or instead of alimony, may decree
specific sum to be paid by him to her; and use
all necessary legal processes to carry its de
orees into effect
SECT. IL. Section six of chapter sixty-one o
the revised statutes is hereby amended, SO a.
to read as follows;
TI,~. H.