Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-05

lows.
Section Is. When specific provision
is made in will. for the widow or wild
over of Il teStator or testatriX, who was
married before May one, eighteen hun
dred and ninety-five and died since Jan
uary one, eighteen hundred and ninety
seven, or vino was married on or after
said May one. such legatee or devisee
may within six months after probate or
said will and not afterwards, except as
hereinafter provided, make election, and
file notice thereof in the probate court,
whether to accept said provision or claim
the right and interest by descent, herein
provided; but is not entitled to both. I'M
less it appear by the will that the tes-
tator or testatriX plainly so intended.
If such election is not made within six
months after probate of a WILL and the
estate is thereafter rendered insolvent.
and commissioners are appointed by the
judge of probate, such election may be
made a any time within six months after
the appointment Of such commissioners.
such election shall not affect any title to
real estate heretofore acquired from the
executor or administrator with the VIII
annexed, but the widow or Widower may
recover from such executor or admins
traitor, if not paid within thirty days at
ter demand therefor in writing, one-third
of any sums received from real estate
sold before such waiver was filed. When
ever the widow or widower is advised
that the legal construction of the pro-
visions of the will for her or him is
doubtful or uncertain, the time for max
thirty days after certificate is returned
to the probate court in the county where
the probate proceedings are had, of the
final decision by the supreme judicial
court upon a bill of equity, commenced
by said legatee OF deViSee within thirty
days after the probate of the will. to
obtain the decision of the court as TO his
or her rights under il, but i'll no case
shall the time for election be less than
six months after probate. The clerk of
courts for the county i'll which the pro
in three days after receipt of the de-
ciSiOn therein, shall send notice of the
same to the widow or Widower, or her
or his solicitor OF record, and transmit
Il certified copy of the decree to the
proper probate court, where it Shall be
recorded with the time of its reception.
When provision is made in will for
the widow of a testator who died after
April tWenty-siNth, eighteen hundred and
ninetY-seven. or for the widower OF a
testatrix. who died after June one. nine
teen hundred and three, and such pro-
vision is waived as aforesaid, such Wild
ow or widower shall have and receive
the same share of the real estate and
the same distributive share Of the real
and personal estate of such testator or
testatriX as is provided by law in intes-
tate estates. When no provision is made
for his widow in the will Of testator
who died after April tWenty-siNth, eigh
teen hundred and ninetyseven. or for
her widoWer in the will of a testatriX,
who died after June one, nineteen hun
dred and three such widow or widower
shall likewise have and receive the same
share in the real estate and the same dis
tributive share of the personal estate of
such testator or teStatriX as is provided
by law in interstate estates, provided such
widow or WidoWer shall within six
months after the probate of such will,
file in the probate court written notice
that she or he claims such share of the
rca! and personal estate of such testa-
tor or testatriX. Any notice filed under
It
recorded by the register Of probate in
the record books of the probate court
where such notice is filed, but Il failure
TO record such notice shall not in any
way affect the rights of any widow or
wdower. '-(Approved April -
Chapter 261.
An Act to amend Section fifteen Of
Chapter four of the Revised Statutes
relating to the Election of Road Com
missioner.
Section fifteen of Chapter four Of the
Revised Statutes is amended by strik-
pired term in the fifth line of said
section and inserting in place thereof
the words serve as road commissioner
said section as amended shall read:
Section Is. If Il person elected as
road commissioner fails. to qualify be
fore the first Monday of April, the Of
flee shall he deemed vacant, and Shall
he filled by the Selectmen by appoint
ment; and in the event of a vacancy
caused DN utatll or OtfltrWlSe. me Sc
lectmen shall appoint some competent
person to serve as road commissioner
until the next annual meeting. who
shall qualify and perform The duties Of
said office. If a town fails to elect Il
road commissioner at its annual meet
ing, the money raised and assessed for
tn" repair Of bridges and ways us pro
vided by section seventy of chapter
tWenty-three shall he expended for that
purpose by the selcctmen; if after the
choice of amy officer not required to be
i,, ..,11 tI,n,. in,
amy such office the municipal officers
may fill such vacancies by the written
appointment of proper persons. who
shall be summoned by the constable IT,
appear and take the oath of office pro
>ided in section twenty-five subject 10
the penalties provided in section twenty
six. Such appointment and oath Shall
he recorded is in case Of a choice by
the town. No person shall be so an
pointed without his consent, '-AnproNrd
April -
Chapter 262.
An Act to authorize cities and Towns
to permit the use of Lunch Wagons
on public WAYS
section L. The mayor and aldermen
of any city. or SeieCtmvn of any town,
may. if in their opinion public conven-
i"nc" $" requires. license any reputable
person upon tn" payment Of an annual
license fee, to be fixed by said licensing
authority. to maintain vehicle for the
sale of food in such part of amy public
way and during such hours as the
licensing authority max designate. pro
vid"d that public travel Is not incom-
NODDED thereby. and no other or further
license shall be REQUIRED for this pur
pose. Any such licenS" may be re-
Nok-d. fur reasonable cause, at any
time. by tn" licensing authority.
Section ;. No license, as aforesaid.
shall b. granted to use any part of any
puhliC way III" fee in which is not
owned by the city on town. against the
objection of tn" owners of the land
abutting on that part of the way.--tA
proved April -
Chapter 263.
An Act to authorize Courts to suspend or
cuutinu" for Sentence on Probation. and
10 provide for the Appointment of Pro-
baton officers.
the consent Of the council, shall on rec
onncndation Of the county commission
ers of any county appoint therein one
probation officer. who shall be a male
citizen of the county in which he is APP
pointed and of good moral character,
who shall hold office during the pleasure
of such governor and council. and who
shall receive as his compensation such
sum as the county commissioners of his
county shall fix. which shall be paid out
of the county treasury in equal monthly
installments. The county commissioners
of such county shall at their next session
after such appointment by the governor,
determine and fix the amount Of such