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8. The property of an intestate descends, first to his children and their legal representatives. The legal representatives here mean the lawful heirs of the children; so that the property goes to the lineal descendants, that is, persons descending in direct line, as from parents to chil. dren, and from children to grand-children. The lineal descendant most nearly related to the intestate, however distant the relation may be, takes the property.
9. If any children of an intestate are dead, and any are living, the inheritance descends to the children living, and to the descendants of the children dead; so that each child living shall receive such share as he would receive if all were living, and the children of those who are dead such share as the parents would receive if living. To make this plain : suppose an intestate to have had three sons, one of whom is dead, but has left children. In this case, each of the sons living would share one-third of the property, and the children of the other son would have the remaining third.
10. If there are no children or their legal representatives, the estate goes to the brothers and sisters of the intestate, who are of the blood of the ancestor from whom the estate came, whether they are of the whole or the half-blood of the intestate. If there is no brother or sister of the blood of the ancestor from whom the estate came, and if it came by deed of gift from an ancestor who is living, it goes back to such ancestor. But if such ancestor is dead, the estate passes to his children, if he has any; if not, then to his brothers and sisters. If there are no brothers or sisters to such ancestor, then the estate goes to the intestate's brothers and sisters of the half-blood, though not of the blood of the ancestor from whom the estate came. If there are no brothers or sisters of the intestate, the estate passes to the next of kin to the intestate, of the blood of the ancestor from whom the estate
11. If there is no person who is entitled to inherit the estate, then the estate becomes the property of the state. The lands thus passing to the state, are called escheated lands. tor. 8. To whom first does property descend?
9. How when any children of an intestate are dead? 10. Describe the order of descent when there are no children. 11. When there are no heirs, where does
12. Descent of personal estate. Personal estate, if it came not to the intestate by descent, devise, or deed of gift, descends to the children of the intestate. If he has no children, it passes to his brothers and sisters of the whole blood ; if he has none, then to his brothers and sisters of the half blood ; if he has none, then to his father, if living; if dead, then to the mother; but if both are dead, then to the next of kin to, and of the blood of, the intestate.
Of Wills and Testaments. 1. All persons of full age and sound mind may give and bequeath real and personal estate, by a last will and testament. Personal estate may be willed verbally, (by word,) if the will is reduced to writing within ten days after speaking the testamentary words, and subscribed by two disinterested witnesses.
2. A will devising real estate must be subscribed by at least two attending witnesses, in whose presence the testator must subscribe the will, or acknowledge that he subscribed it, and declare it to be his last will and testament. If the testator is unable to sign his will, another person may write the testator's name by his direction ; but he should sign his own name as witness to the will. A will thus made is valid, unless revoked or altered by a later will or writing, executed in the same manner.
3. After the death of a testator who has bequeathed any real or personal estate, any executor, or any person interested in the estate, may have the will brought before the court for probate, which means proof. The court causes the witnesses to the will, and such others as any person terested may desire, to come before the court to be exam
the estate go? 12. What is the order of descent of personal estate ?
1. Who may devise real estate? May personal estate be devised by word, as well as by writing? How? 2. How is a will made and executed ? 3. How is a will proved? What is an executor ? 4. What
ined. (An executor is a person named in the will of a testator, or otherwise appointed, to carry the will into effect.)
4. When a will has been duly proved and allowed, the court issues letters testamentary to the executor. Letters testamentary give to an executor authority to carry a will into effect, and to settle the estate of the deceased. If the person named in the will refuses to act, or is not lawfully qualified, the court appoints a person, who, in that case, is called administrator; and the court issues letters of administration with the will annexed. It is the duty of an executor to follow the directions of the will, so far as it goes; and for the rest of his duties he must be governed by the law concerning administrators.
5. Letters of administration are also issued in case of a person dying intestate. They give to the persons appointed to settle the estate of the intestate, the requisite authority to do so. They are issued, first, to the widow or next of kin, or both, as the court may think fit. If such person or persons are incompetent or unsuitable, or if they refuse to serve, the letters of administration are granted to such other person as the law designates. The law prescribes particu. larly the manner in which the property of deceased persons shall be disposed of, and their debts paid.
Of the Proof and Recording of Deeds, Mortgages, f.c.
1. EVERY person capable of holding real property, may also dispose of and convey his right or interest in such property to another person. To convey here means to transfer, or pass over to others, the right or ownership of property, so that they shall have the same interest in it as the
are letters testamentary? By whom and when are they issued? What is an administrator ? 5. When are letters of administration granted ? To whom are they granted ?
1. Who may convey real estate ? What is it to convey? What is
person conveying it had before he conveyed it. Hence, the writing by which a right is thus transferred is called a conveyance ; but more frequently the instrument by which a title to land is conveyed is called deed.
2. A purchaser of land could not securely hold it with. out a deed, because a person's deed is the only lawful evi. dence of his being the true owner. If a person should buy a farm without taking a deed of the seller, the seller might dispose of it to a second purchaser; and if he should give him a deed, such second purchaser, having a deed to show that he had bought the farm, might dispossess the first purchaser. 3. Whenever, therefore, any real estate is to pass
from one to another, the seller gives the buyer a deed. The deed states the names of the parties, the sum paid, the place where the land is situated, its boundaries, and the number of acres it contains. And as evidence of the sale, the seller affixes his name and seal to the instrument. This is generally done in the presence of two or more persons, who subscribe their names as witnesses ; so that in case of dispute, the purchaser may know by whom to prove that the deed was executed by the person whose name it bears.
4. But when a deed has been thus executed, the pur. chaser is not yet safe, unless he has had it recorded in the office of the recorder of the county in which the land lies. If it should be conveyea by the seller to a second purchaser, who should get his deed recorded first, such purchaser would hold the land. *
5. Before a conveyance is recorded, the person executing it must acknowledge, before a proper officer, that he executed the conveyance; and the officer must certify in wri. ting, on the back or margin of the instrument, that the person did so acknowledge. A judge, a justice of the peace, a notary public, a mayor or other presiding officer of a city or town, may take acknowledgments. Every deed duly acknowledged and delivered to the county recorder to be recorded, is, with the acknowledgment, copied at length, word for word, in a book provided for that purpose.
an instrument of conveyance called ? 2. What is the use of a deed ? 3. What does a deed contain? How is it executed ? 4. What must then be done with the deed? Why? 5. What is required before a conveyance is recorded ? How is it proved or acknowledged ? 6. De
6. Lands are also conveyed by mortgage. A mortgage is a writing which conveys to another person a right to property as security for the payment of a debt, and is to have no force or effect when the debt is paid. A mortgage conveys land in the same manner as a deed; but a condition is added, stating, that if the debt for which the land is pledged shall be paid by a certain day, the instrument shall no longer have effect.
7. When land is sold, and any part of the purchase money is to be paid at a future day, the seller usually conveys the land by deed to the purchaser; and the purchaser executes a mortgage to the seller, pledging the land as security for the payment of the money remaining unpaid. A mortgage also contains a condition, that if the money shall not be paid according to the agreement, the mortgagee, or person holding the mortgage, may sell the land to raise the money due ; but if he sells it for more than that amount, the overplus must be paid to the mortgager.
8. A wife must join with her husband in conveying land, by signing the deed with him; otherwise, if the husband should die, his widow would have a right to one third part of the estate during her life. This portion of a widow, thus retained, is called dower. It is common, therefore, for the wife also to sign the deed ; and she must also acknowledge. before the officer taking the acknowledgment, and apart from her husband, that she signed the deed freely and without compulsion of her husband.
9. When a mortgagee has received payment in full, a satisfaction or receipt for the same is entered on the mortgage, or on the record thereof; and such satisfaction or receipt, so recorded, releases the mortgager.
io. Leases. To lease means to let, but generally to let real estate to another for rent or reward. The word demise
scribe the nature of a mortgago. 7. In what cases are mortgages given by a purchaser of land ? What condition does it contain ? 8. Why must a wife sign a conveyance with her husband? What is this right of a widow called? How and what must she acknowledge ? 9. When and how is a mortgage cancelled or discharged ? 10. What is the