New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-04-29
THE LAT OF DOWEK And DESCEND

A COMMITTEE OF THE BAR ASSOCIATION WILL
SEEK TO HAVE THE NEW STATUTE REPEALED.
Austin Abbott has prepared memorandum IN
relation to Chapter ILL., OF the Laws OF lS9) entted
IAN Act to amend the Revised statutes reiatihs "
dover and descent" which the Bar Associations
Committee on the Amendment or the Law VIII w
to have repealed The paper is as follows:
The statute, in effect. makes the wGow an heIr wn
lneal descendants IL the testator lea'e 70 .iI
dren abe therefore takes the wnoie, Gl o lives a
property OF which he dies intestate; IL ne eaS.J
child or children, she taxes an equai snare "'i"
econd-The effect OF the statute is to increase the
risk by the existing law IN ease % %, "a
or wbnb wad create an Outstanding right
OF DOVER The successive Improvements IN the leS
istration of titles and incumbrances have maze maze
nearly all the facts on which the title of bona hde
purchaser without notice. depends, matter oi -
ord The chief remaining uncertainty is In the cues
ton whether there may have been marriage cis
atng right of dover. but OF which Counsel kan am.
lining the title have information rms ACT o9es
not increase the risk OF such doubt. but II IN.
crcases the amount at stake in all cases wnere ias
exceeded in value nor right of dover .ro,-
ery known common law marriages there -
reason to believe that claims without foundation
are Chan ha: c, connections are frSqunt!y esta
shed by advenuresses. with the intention of laying
a Foundation for the claim that such g. marriage
was contracted. This act Increases very much the
amount stake In such cases by giving the cam.
ant who succeeds to the whole or an adequate part
Of the real property the ntesate man In fee, In
stead OF merely life estate in one-th.rd
heir OF the husband equally with nea descendants
viii entltle her be considered among the heirs IN
a gift or grant In de-1 or VIII TO persons de-
acrlbed as heirs There is saving clause Whch
would prevent the attempt TO interpret Geeds or
Wills heretofore drawn and executed, and containing
gifts to heirs not vested previously to the taxing
effect Of the rev statute. inc;u Ing the WIDOW
irrespective OF the intention OF the grantor or tes-
tator. -,
For instance, n testator desiring TO give real
property 10 his son and his sons hers excluding
Inc sons wife has executed a Will devis!rg TO the
for life and his death 70 MS then heirs: me
widow will be Included instead % excluded, by the
apparen, effect this statute. BY the adoption OK
this law a. 1884, @ 43s, Sec. s. l.. 1913 G. $50. sec.
To- as amended BIZ L. 1857 c. 703). such consequence
under adoption precluded. 4,
Flfth--II any change in this direction IS 70 %
adopted It would seem TO be important 70 make nc
distinction between real and personal property ana
no distinction between the share the wife snail taHs
In tho property OF the intestate husband ana INA.
which a husband shall take In the property OF an
sixth~One effect OF the law deserves further cor.
sheraton A wife who bears children VIII take
ali ~ her interstate husbands property. one VINO
bears three children the average family WI! only
receive one-quarter. Sooner or later this must %
some degree inject a mercenary consideration hto
this relation. . - -, -. - hair =.
dyed proportion - ,de property has usually peen
prescribed leaving ne children TO snare the Fes'aue