Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-12-23
o stand for trial.
Oxford County.

Emma J. Cheney, Petitioner for par
tition VS.. George +. Cheney ct ais. Re
script, Spear, j,
This is a petition for partition brought
by Emma j. Cheney of Rumford in OK
ford county. under the provisions OF
Chapter so of the Revised Statutes of
Maine. to have set off to her in severalty,
Ter alleged share of certain real estate.
situated in said Rumford, and in which
the said petitioner claims that she is the
owner in fee. of one-half interest, held
in common, undivided, and in tenancy in
common with the respondents named in
said petition. The basis of the petition
ers claim is that she is the widow of
Charles j. Cheney, late of Rumford.
The question presented by this petition
is solely that of the rights of Emma J.
Cheney in the real estate of her deceased
husband. Charles j. Cheney. who died
testate and in whose. will no provision
was made for his widow.
The matter under consideration is an
enactment of the legislature obviously
intended 10 abrogate the old rute of
dover regarding the interest Of the
widow in her late husbands lands, and
to confer upon her an estate of inherit
lance instead of an estate for life
The solution of this problem involves a
construction of r. 5. Chap. Il. Sec. Ii, in
which is found a consolidation of the
previous statutes relating TO this sub
ject.
our conclusion, without further refer
ence to the analysis of the statutes found
in the opinion, is that upon an analysis
and comparison of these various statutes
the legislature by the act Of 1907 neither
intended TO enact a statute repeating or
| modifying the widows right by descent in
the contingencies named, nor by the use
of the language employed, did it do so.
and that the provision of 1897. although
Incorporated into a section of the statute
relating to title by descent, must be con-
strued to mean just what their language
conveys and be confined to personal cs-
| tate only.
An examination of the composition of
| , q
part of Section 49, to the point where
Section 221 is inserted, is a consolidation
of Section of Chapter 157 of the Laws
| of 1895 which is but a reinstatement OF
r. $. Chapter 100. Section 10. and of
| Chapter So. Public Laws of 1887 relating
solely to widows dover, and 50 much
| of Chapter -. Public Laws, 1909. as re-
lated to the time when the election must
be made; all pertaining to the rights of
the widow in the real estate OF her nus
band
If Section 10, comprising a consolidation
of these acts relating solely to the
widow right of inheritance in the real
estate of her husband, had been permit
ted to complete the Section, II would
have accomplished precisely what the
legislature intended to have enacted.
But instead of stopping here, it adds to
the end of the consolidation of these
acts, verbatim, Chapter 22l, relating to
sonal estate of her husband. created by
this act, with so much of the act of 19U5
as relates to the time when waiver of
petition must be filed. This, we think.
should have been a section by itself
among those provisions of the statutes
relating to the rights of a widow in per-
sonal estate. However that may be, the
mere fact that this act was added to a
consolidation of the acts relating TO de-
scent, cannot be accorded the effect OF
defeating the plain intent of the legisla-
ture with regard to the former enact
ments.
Judgment for partition