New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-01-19
A WIDOWS REALTY RIGHTS
Small in Husbands Estate Un-
less She Is Protected by VIII.

Many widow. after her husband 5
death without his leaving will. has haH
her sorrow and anguish added 70, saws
.The Bulletin Of the House and Real
Estate Owners' Association" by worry
and financial concern when she was III
formed that the real estate OF which h'r
husband died seized did not belong To her
upon his death. as 50 many seem 10 ne
ueve. II. however. became vested III the
children or in the husbands father Or
mother or brothers and sisters, as the
case may be.
The widow also learned that the only
interest she had therein was a so-cailed
dover right a right to receive one-thlrd
Of tho income Of tho real estate so long
as she lives. 1t is only when the real
estate is owned by the husband and wife
Jointly as husband and wife (tenants by
the eutiretyD that the ownership becomes
vested in the survivor upon the death OF
one.
II is important. therefore. that owners
of real estate become familiar with the
laws governing the descent Of real prop
erty I'm the event Of death without leaV-
ing a will.
The decedent law provides
General Rule Of Descent.--Thc real
uropertv of a person pho dies without de-
Using the same shall descend (subject to
the dover right Of the wife or the posi-
blc right Of courtesy-that IL LEGAL
estate for Hfe-by the husbandD TO his
lineal descendants. TO his father, TO his
mother and TO his collateral relatives.
Let us consider each class separately.
Tiueal Descendants-If the deceased
leaves descendants in the direct line OF
lineal descent. all of equal degree or con-
sanguinity TO him take In equal parts,
however remote the relationship may be.
II any OF the descendants be living. and
any be dead the inheritance descends 10
the living and the descendants OF the
dead: the issue OF the descendants VINO
have died however. collectively take the
share which their ancestor would have re-
ceived if living.
When father inherits: II the deceased
dies without lawful descendants ana
| leaves father. the inheritance goes "
such father. unless the inheritance came
TO the deceased on the part Of his mother
| and she be living; II she be dead, the IN
| beritance goes TO the father for life, and
! the reversion 10 the brothers and sisters
! OF the deceased and their descendants; II
| there be no brothers or sisters OF their
descendants living, the inheritance de-
sends to the father in fee absolutely
When mother inherits: II the deceased
! dies without descendants and leaves no
| father. or leaves a father not entitled to
! take the inheritance under the last Sec
/ ton. and leaves mother and p brother
or sister. OF the descendant OF a brother
| or sister. the inheritance descends TO the
mother for life. and the reversion 10 such
! brother and sisters as may be living. and
! tie descendants Of such as may be dead
/ n the deceased in such case leaves nc
! brother or sister. or descendant thereof
/ the inheritance descends to the mother
/ in fee.
| When the collateral relatives inherit: II
| there be no father or mother capable o'
/ inheritinC the estate dcScends 10 the
| collateral relatives Of tho deceased. all OF
| equal degree Of consanguinity 10 the dc.
! ceased taking I'm equal parts. II any OF
the brothers and sisters he living. and
| any he dead. then the inheritance de-
scends TO the living. and the descendants
| in whatever degree Of those dead. the
Issue of the descendants who have died
| however. collectively take the share which
| the parent would have received n living
| The same rule prevails as TO all direct
linesl descendants Of every brother and
| sister OF the deceased whenever such de.
sccndants are Of unequal degrees.