! CHAP. 140. Degrees of be computed. (4.) If the intestate leaves no issue and no widow, father, mother, brother or sister, nor the children of any brother or sister, such property shall go in equal shares to his next of kin in equal degree, excepting that where there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through an ancestor who is more remote; but in no case shall representatives be admitted among collaterals after brother's and sister's children. R. S., c. 90, s. 3; 1899, c. 17, s. 2. 5.-(1.) If the intestate leaves several children, or one kindred, how to child and the issue of one or more other children, and any such surviving child dies under age, and not having been married, all the real property that came to the deceased child by inheritance from such deceased parent shall descend in equal shares to the other children of the same parent, and to the issue of any such other children who have died, by right of representation. Rules for distribution of personal property. (2.) If at the death of such child who dies under age, and not having been married, all the other children of his parent are also dead, and any of them have left issue, the real property that came to such child by inheritance from his parent shall descend to all the issue of the other children of the same parent; and if all the issue are in the same degree of kindred to such child, they shall have his estate equally, otherwise they shall take according to the right of representation. R. S., c. 90, ss. 4, 5. PERSONAL PROPERTY. 6. The personal property of any intestate, except such as is by "The Probate Act" directed to be omitted from the inventory of the property of the deceased, shall be distributed according to the following rules :- (1) If he leaves issue, one third of such property shall go to his widow. (2) If he leaves no issue, one half of such property shall go to his widow. (3) In either of the two foregoing cases the residue of such property, after deducting the widow's share, shall be distributed among the persons other than the widow who would be entitled to any real property of the intestate in the proportions in which they would respectively be entitled. to the same. (4) If he leaves no issue or next of kin, the whole of such property shall go to his widow. (5) If he leaves no issue and no widow, the whole of such property shall go to his next of kin in the proportions in which they would respectively be entitled to take any CHAP. 140. real property of the intestate. R. S., c. 90, s. 8; 1899, c. 17, s. 1. MARRIED WOMEN. property of 7. If a married woman dies intestate leaving real or Rules for personal property or both, owned by her in her own right distribution of or held for her separate use, such property shall be distri- married women. buted according to the following rules: (1) If she leaves issue, her husband, in addition to his estate as tenant by the curtesy in her real property, shall take one third of her personal property; and the residue of her personal property and her real property, subject to such tenancy by the curtesy, shall go to her children, and in the case of the death of any such child, to the legal representatives of such child. (2) If she leaves no issue, one half of her real and personal property shall go to her husband and the other half shall go, (a) to her father; or (b) if she leaves no father, to her mother, brothers and or (c) if she leaves no father, mother, brother or sister, to the children of any deceased brothers and sisters in equal shares and not by right of representation. (3) If she leaves no issue, father, mother, brother or sister, or child of any deceased brother or sister, the whole of her property shall go to her husband. 1898, c. 23, s. 20. ADVANCEMENT. how treated. 8. Any real or personal property given by an intestate Advancement, as an advancement to any child or grandchild, shall in the division and distribution of the estate of such intestate be considered a portion of such estate, and shall be taken by such child or grandchild towards his share thereof. R. S., c. 90, s. 10. 9. If such advancement exceeds the share of the child Same subject. or grandchild to whom such advancement is made, he shall be excluded from any further portion in the division and distribution of the estate, but he shall not be required to refund any such advancement; and, if the amount so received is less than his share, he shall be entitled to as much more as will give him his full share of the estate of the deceased. R. S., c. 90, s. 11. 10. If the advancement was of real property, the value Advancement in thereof shall, for the purposes of the next preceding section, real property. CHAP. 140. be considered as part of the real property to be divided; and if in either case it exceeds the share of real or of personal property respectively that would have come to the child or grandchild, so advanced, he shall not refund any part of it, but shall receive so much less out of the other part of the estate as will make his whole share equal to the shares of the other heirs who are in the same degree with him. R. S., c. 90, s. 12. Valuation of advancement. When person to whom advancement made dies before intestate. Gifts, &c., when deemed advancement. Equitable estate to descend as legal. Posthumous children. 11. If the value of the property so advanced is expressed in the conveyance, or in any charge or valuation thereof made by the intestate, it shall be considered as of that value in the division and distribution of the estate; otherwise it shall be estimated according to its value when given. R. S., c. 90, s. 14. 12. If any child or grandchild to whom any such advancement is made dies before the intestate, leaving issue, the advancement shall be taken into consideration in the division and distribution of the estate of the intestate, and the amount thereof shall be allowed accordingly by the representatives of such child or grandchild as so much received towards his share of the estate, in like manner as if the advancement had been made directly to them. R. S., c. 90, s. 15. 13. Every gift or grant made by an intestate in his life time to a child or grandchild shall be deemed to have been made in advanceinent if, (a) it is so expressed in writing in a grant thereof; or (b) it so charged in writing by the intestate; or (c) it is so acknowledged in writing by such child or grandchild; or (d) it is proved to have been so made by evidence taken upon oath before a court of justice, and not otherwise. R. S., c. 90, s. 13. MISCELLANCOUS. 14. The interest of any person in lands held in trust for him in fee simple shall descend and be chargeable with his debts in like manner as if he had died seised thereof. R. S., c. 90, s. 7. 15. (1.) Descendants and relatives of the intestate begotten before his death but born thereafter shall in all cases inherit in the same manner as if they had been born in the life time of the intestate and had survived him. (2.) Any child born after the death of his father for whom no provision is made in the will of the father, shall have the like interest in the real and personal property of his father as if the father had died intestate, and all the devisees and legatees under such will shall abate in propor- CHAP. 140. tion their respective devises and bequests. (3.) The share of such posthumous child shall be set out and assigned by the court of probate or other court having jurisdiction so as to affect as little as possible the disposition made by the testator of his property. R. S., c. 90, s. 9. dower not 16. Nothing in this Chapter contained shall affect the Curtesy and title of a husband as tenant by the curtesy, nor that of a affected. widow as tenant in dower. R. S., c. 90, s. 16. 17. Lands held as dower by the widow shall after her Dower lands, decease be divided as in this Chapter provided in case of how divided the other lands of the intestate. R. S., c. 90, s. 16. on death of dowress. 18. All such property, real or personal, as is not devised Undevised by will, shall be distributed as if the testator had died property. intestate. R. S., c. 90, s. 18. primarily 19.—(1.) When any person dies seised of or entitled to Mortgaged any estate or interest in any real property which at the time property of his death is charged with the payment of any sum or liable. sums of money by way of mortgage, and such person has not, by his will or deed or other document, signified any contrary or other intention, the heir or devisee to whom such real property descends or is devised shall not be entitled. to have the mortgage debt discharged or satisfied out of the personal property, or any other real property of such person; but the real property so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same is charged, every part thereof according to its value bearing a proportionate part of the mortgage debts charged on the whole thereof. (2.) Nothing in this section contained shall affect or diminish any right of the mortgagee on such real property to obtain full payment or satisfaction of his mortgage debt, either out of the personal property of the person so dying as aforesaid, or otherwise; and nothing herein contained shall affect the rights of any person claiming under or by virtue of any will, deed or document made before the first day of January, A. D., 1882. (3.) In the construction of any will or deed, or other document to which this section relates, a general direction that the debts or that all the debts of the testator shall be paid out of his personal property shall not be deemed to be a declaration of an intention contrary to or other than the rule in this section contained, unless such contrary or other intention is further declared by words expressly or by necessary implication referring to all or some of the testator's debts or debt charged by way of mortgage on any part of his real property R. S., c. 89, ss. 30, 31, 32. CHAP. 141. TITLE XXI. OF FRAUDS AND SECRET BILLS Short Title. "Land." Leases and estates in land not in writing to be estates at under three years. CHAPTER 141. OF THE PREVENTION OF FRAUDS AND PERJURIES. 1. This Chapter may be cited as "The Statute of Frauds." 2. In this Chapter unless the context otherwise requires, the expression "land" includes mining areas and other mining rights and privileges. 3. Every estate, or other interest in land not put in writing and signed by the person creating or making the will, except lease same, or his agents thereunto lawfully authorized by writing, shall have the force of a lease or estate at will only, except a lease not exceeding the term of three years from the making thereof, whereupon the rent reserved amounts to two thirds at least of the annual value of the land demised. R. S., c. 91, s. 1. Interest in land assignable only by writing. Declaration, &c., in writing. 4. No interest in land shall be assigned, granted, or surrendered except by deed or note in writing signed by the party assigning, granting or surrendering the same, or by his agent thereunto authorized by writing, or by act and operation of law. R. S., c. 91, s. 2. 5. No declaration or creation of any trust in land shall of trust must be be valid unless it is in writing, signed by the person entitled to create or declare the trust, or by his last will, but this section shall not extend to any trust in land arising or resulting by implication or construction of law, or which may be transferred or extinguished by act or operation of law. R. S., c. 91, s. 3. Assignment of trust must be in writing. Contracts which require to be in writing. 6. No grant or assignment of any trust shall be valid. unless it is in writing, signed by the person granting or assigning the same, or by his last will. R. S., c. 91, s. 4. 7. No action shall be brought, (a) whereby to charge any executor or administrator |