Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-03-29

0DD0 y40 Ann or 0W0til0k -nDuso adtAON6A
~ eleared. but excepting wild aanas vs y
which he dies sstEsd. and Wild lands conveySo q
b him, fAoueh afterwards cleared. dcs0eaos
aeeording e Che following rule; ,:.,. one.shird
WIDOW. And II NO kindred, fh9 whole TO me me
widow: And TO tho widower sns sat nsso Thers
ohaij iikexfse descend 70 the widow OF MlaGwSr
fho samo share In al such real estate ~ Wnlcn
the deceased was seized CURING oss.ss1 s =
and which has NOS Deem paffoo W
III he remainder of which he dies seized.
and II no widower or widow, the wnolss 70
eousI shares to his children, and 70 the lawful
Issue OF . deceased child by right OF represen-
fAtion. II no child is living e the time OF ms
death 70 all his lineaI descendants: equally, II
I'll are OF the same degree OF Kindred; II not
sccording to the right Of representation. -.
LII. II no such issue, IT. descends 70 nis
father and mother in equal shares.
Nv. II NO such Issue or father, 1t descends
one half 70 his mother. II no such issue or
mother, It descends one half TO his father. IN
efther case. the remainder descends IN equai
shares T., his brothers and sisters, and when
brother or sister has died, TO his or ner
children or grandchildren by right OF repre-
Y. II no such Issue, father, brother or sister,
K doscends to his mother. II no sucn Issue,
mother, brother or sister. it descend5 70 nus
thsr n either e Sraab 90 .s nd sisters
vi II NO such issue, father, mother. Drotner
N eister It descends to his next OF KIN IN
equal degree; when they clam tnro sgran uhei
nearer ancestor, in preference 10 tnose ciaii"
ing though an ancestor more remote,
VII. When minor dies unmarr sl. lea s,itss
,ronerty Inherited FROM either Of his parents,
II descends to the other children OF the same
parent, and the Issue os those deceased; IN
ennaI shares II all are Of the same decree OF
Kindred; otherwise, according to the rlgnt OF
Viii If the intessate leaves no widower,
widow or kindred, II escheats to the state,
sECT 9 Except as hereinafter PROVIDED,
tl,e right of widows to dover in the real estate
Of their deceased husbands, and the right OF
widow erg an tenant by the courtesy IN the rear
eatate OF their deceased wives are hereby
sInIisbed section fourteen Of chapter one
brndred and three OF the revised statutes Is
hereby repealed. But the passage OF thls act:
md the repeal Of such laws as may be repeated
fhereby. shall not bc held to affect modify, en-
Are or limit the rights and interests which
INV widOwer or widow now has In the estate
nv Of the remedies by which the same may
n enforced. Nor shall widower have any
Interest in the real estate OF his vile hereto
tore conveyed by her during covernfe. nav
axor g. A husband or wife OF any age may
lar tho right and interest by descent, proyiaeu
bor IN this act In an estate conveyed by tne
other. by joining in the same or a. hv
eoio deed, but shall not be deprived OF sucn
tight and Interest by levy or sale OF the real
sstate on execution; bnt may, after the right OF
redemption has cxplfeu, reiease SUN iiSh' anu
Scot. Such right and interest by descent
may be barred by jointure, pecunlary pro
vis{ons or An an,enuptial settlement, in the
same manner and To the same extent, and with
the same effect that dover may be thus barred
in accordance with the provisions OF sections
SEVEN eight and nine of chapter one hundred
and three of the revised statutes.
SECT s. When "a specific provision Is made
in a win, for the widow or widower OF a tesla,
tor or testatrix, such legatee or devisee shall
within six months after probate thereof or
within such further time, and under such cir
cumstapces, as ia allowed by chapter eighty
eight Of the public laws OF cfgn.een n",u asa
election and flo notice thereof in probate
court whether to accept 1t or claim the right
and interest by descent, herein provided; put
n nat entitled to both, unless 1t appear by the
win that the testator or testatrix plainly 50 H.
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 10 be releases OF such right ana inter-
est by descent, and shall have the same elect;
SrCr 7. If the wife has heretofore released
her right Of dover in mortgage made py her
. husband. or If her husband Is seized Of land
BY anG.ner sSa Se eSed To
her right and interest by descent, as herein
provided, in the mortgaged premises, as
against every person except mo in9rtgaEee
heirs OF the husband, or other person claiming
under him, redeem the mortgage, she shall repay
such proportion Of the money paid by him MS
her interest in the mortgagcd promises bears
TO tho whole value; else she shall be entitled to
her right and interest by descent only accord
ing to the value Of the estate, after deducting
the money paid for its redemption.
SECT. 8. If the wife of the grantor or mort
gagor Of lands heretofore conveyed or mort.
ga9od has not released or barred her right OF
dover In the same, she shall be entitled, as
Against tho grantee or mortgagee and those
Claiming under him, to her right OF dover
only, as now existing. The wife OF one, here
y nnfy ndn
visions of chapter seventy Of the revised
statutes, shall be entitled, rs against the
assignee, and those claiming under him, to
her right of dover only, as aforesaid.
SECT. 9. The passage of this act shall not
adcct any jOinture or antenuptial settlement
or peouniary provision heretofore made.
SECT 10. Ii the owner of real estate con-
tracts 70 sell the same, and the husband OIL
vito of the owner refuses to release his or her
interes, and right by descent the owner may
apply 10 justice of the supreme judicial or
superior court, who, after such notice to the
other party As he may order, ana nearing,
may, in his discretion, approve the sale ana
price, md order the owner to pay to the clerk
OF court, for such husband or wife of the owner,
such sum as would amount to one-third OF the
price approved, If the owner has issue land one
half II he has no ISSUE a. ahe d n q t res
per cent, compound interest The clerk shall
live y certificate of such approval by the
court and OF the fact that sa,d money i mas mas
register OF deeds in the county or registry
district whore the land lies, with the owners
dead thereof and such register shall record the
saane; and thereafter such interest or right by
descent in such real estate, shall be barred.
Said clerk shall receive fifty cents for making,
and SAID register twentyhv cents for record
ing such certificate.
SECr. IL. Section nine OF chapter sixty of
the revised statutes is hereby amended, so as
TO read as follows:
s0KCr. Q. When o divorce Is decreed for i'm
potence, the wife's real estate shall be restored
TO her. and the court may c"ter Judgment for
her against her husband for so much OF her
personal property as came to him by the mar
Ytnge. or fts value in money, as 1t thinks rea-
eonabic; aud may compel him to disclose, on
oath, what personal estate he 80 received.how
II has been disposed Land what then remains.
Whcr n 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 II he were
dead and the same right to restoration OF her
real and personal estate. as in case of divorce
orimpotence. THE court may also decree to her
reasonable amony out Of his estate, having
regard to his ability; and to effect the purposes
Aforesaid, may order so much OF his real es-
tate, or the rents and profits thereof as Is
necessary. TO be assigned and set out TO her
for life; OF instead Of alimony, may decree
specific sum to be paid by him to her; and use
Al necessary legal processes TO carry Its de-
crees iAAO effect
Scot. Is. Section six of chapter sixty lone Of
the revised statutes is hereby amended, so as
IN mad "a follows.