The Republican journal., 1909-04-08


lows:
Section 10. When specific provision
is made in a will, for the widow or wild
married before May one, eighteen hun
dred and ninety-five, and died since jan
uary one eighteen hundred and ninety
seven, or who was married on or after
said May one, such legatee or devisee
may within six months after probate of
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, un-
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 at 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 will
annexed, but the widow or wtdower may
recover from such executor or admins
traitor, if not paid within thirty days af-
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
ing such election shall be extended to
thirty days after certificate is returned
to the probate court in the county where
the probate proceedings are had of the
1inal decision by the supreme judicial
court upon bill of equity, commenced
by said legatee or devisee within thirty
days after the probate of the will, to
obtain the decision of the court as to his
or her rights under it, but in no case
shall the time for election be less than
six months after probate. The clerk of
courts for the county in which the pro-
ceedings in equity are commenced, with
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
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 a will for
the widow of a testator who died after
April twentysixth, 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 dstributive 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 a testator
who died after April twenty-sixth, eigh-
teen hundred and ninetyseven, or for
n.
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 intestate 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
real and personal estate of such testa-
tor or testatrix. ANY notice filed under
the provisions of this section shall be
recorded by the register of probate in
the record books of the probate court
where such notice is filed, but a failure
to record such notice shall not in any
way affect the rights of any widow or
Widower. -tApproved April p
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-
ing out the words fill out the uneX-
pired term in the fifth line of said
the words serve as road commissioner
until the next annual meeting so that
said section as amended shall read
Section Is. If a person elected as
road commissioner fails to qualify be-
fore the first Monday of April, the Of
flee 7 shall tG be deemed vacant, and shall
ment and IN the event OF vacancy
caused by death or otherwise. the Sc
lectmen Shall appoint some competent
person to serve as road commissioner
until the next annual meeting, who
snail qualify and perform the duties of
sad Office. II a town fails to elect d
road commissioner at its annual meet
Ing the money raised and assessed for
ne repair ot niiuSes aild ways aS pro
Vlueu py secIlon seventy OF eGnaptet
.Mrnts 'IIee SLail pc eAlthaeu LOT mat
purpose by me SeleSthlen, IL altef me
ciolce % ANY oihcSI MOI required 10 pc
CHOSEN py oailot' ihere Is u vacancy IN
any suGh once Tue hluhlclpal ol1icefS
appointment of proper persons VINO
snail be SUMMONED by the constable TO
appear ana take the oatl Oh once pro-
Nl0ed IN sectlon tWFniy-hVe subject to
me penaltleS PROVIDED IN sectlon tWentE,
SlN. ouen appointments anu oath snail
t Ne iteohue" - ~ a." ~ q Niioloe ny
ule -" IL. ~ l%i S'm Htcaii ne 80 apl
Wi y, "1' ''''
Apih -
Chanter 1852
An ACT TO aulhorlZe cues ana Towns
10 permit the use OF LuhcA wagons
On PupllI NAYS.
e9eCtluil l. ne lldSoi auu dtuetlicA
VI any LILY or ttlitli oL guy IoWl''
s, - ~ .i5ai Ptltoii Puni'C
ieliNe 50 c,i"t ~ hi1ui,e any iePula5aT
i; io't ~ tos INV -, W ~ u: et.It' 80
ntho,.;ti ~ ~ ,,o,Ita;, ai,.1a fn the
aaia ~ fo y, ,t'h rt f w. r,,lii
way and durin.s si,dh bnnre ,i the