to next of kin 8. (1) If an intestate dies leaving no husband, wife, Distribution issue, father, mother, brother or sister, the property shall be distributed in equal shares to the persons surviving him, who are next in degree of kindred to him. reckoning (2) Such degrees of kindred shall be reckoned according Method of to the civil law, both upwards to the common ancestor degree of and downwards to the issue, each generation counting for a degree. kindred (3) No distinction shall be made between persons of the Half blood whole blood and persons of the half blood. Illegitimacy. [1920, c. 11, s. 8.] of property intestate 9.-(1) If an illegitimate intestate dies leaving a husband Distribution or wife or any issue, his or her property shall be distributed of illegitimate to the person or persons who would be entitled to the property if the intestate were not illegitimate. (2) If an illegitimate intestate dies without issue and without husband or wife, his property shall be distributed to his mother. per sub matrimonium (3) If the parents of a child born out of wedlock after- Legitimation wards intermarry, such child shall be thereby legitimised. sequent (4) Illegitimate children shall be entitled to take property Rights of from or through their mother as if they were legitimate. children [1920, c. 11, s. 9; 1921, c. 5, s. 4(2).] Partial Intestacy. illegitimate to residue 10. Any residue of the property of a deceased person Provision as not expressly disposed of by his will, shall vest in his executor not disposed of or executors as trustee or trustees for the person or persons entitled under this Act to property distributable by an executor or administrator unless it appears by the will or any codicil thereto that the said executor or executors were intended to take beneficially. [1920, c. 11, s. 10.] Gifts to Pre-deceased Children. gifts to pre-decease 11. Where any person being a child or other issue of Saving of the testator to whom any real or personal estate is devised children who or bequeathed dies in the lifetime of the testator, and testator any child or issue of such person is living at the time of leaving issue the death of the testator, such devise or bequest shall not lapse but shall take effect as if such person had died intestate immediately after the death of the testator, unless a contrary intention appears in the will of the latter. 12. This Act shall apply only to the distribution of the Application property of persons dying after the last day of May, one thousand nine hundred and twenty-one. of Act [1920, c. 11, s. 12; 1921, c. 5, s. 4(4).] CHAPTER 144. An Act to Provide for an Ultimate Heir of Lands and Next of Kin of Intestate Persons. HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. Short title Interpretation Ultimate heir, etc., of intestate Construction Restitution of property to successful claimant 1. This Act may be cited as "The Ultimate Heir Act." Interpretation. 2. In this Act, unless the context otherwise requires, person entitled to succeed to the property of an (b) "University" shall mean the body corporate University as Heir and Next of Kin of Intestate. 3.-(1) When any person dies intestate in fact in respect of lands situate in the Province of Alberta, or being domiciled in Alberta dies intestate in respect of any moveable property or chose in action, and no person or corporation is otherwise than under the provisions of this Act entitled thereto as the heir or next of kin of the intestate then the latter shall be deemed to have made a duly executed and entirely valid will, devising or bequeathing such land, moveable property or chose in action to the University. (2) The University shall also be the ultimate heir and next of kin of any person dying as aforesaid. [1921, c. 11, s. 2.] 4. The words "heir," "heirs," or "next of kin" in any document transferring land situate in Alberta, or giving or evidencing title thereto shall be construed by all Courts and judges in Alberta as including the University but only after all other heirs or next of kin. [1921, c. 11, s. 3.] 5. If a claim as an heir or next of kin of an intestate is made after the estate or any part thereof of a deceased person has become vested in the University and before the expiry of six years from the decease of such person, and such claim is substantiated, and all moneys expended by the University in connection with such estate has been repaid by the claimant, then upon an order of a judge of the Supreme Court to that effect the University shall return to such person the said estate or part thereof, or, if the same is no longer in the possession of the University the net proceeds received from the sale or other disposition thereof, but shall not be liable to pay any interest thereon, or to account for any rents or profits resulting therefrom. [1921, c. 11, s. 4.] of action 6. If no claimant has commenced an action in the Pro- Limitation vince of Alberta within six years from the death of the intestate to dispute the claim of the University, then the University shall be deemed to be the sole heir and next of kin of the intestate, and thereafter no action shall be brought whereby to question the right of the University as sole heir and next of kin of such intestate. [1921, c. 11, s. 5.] CHAPTER 145. An Act respecting the Rights of Widows in the HIS IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: Short Title. Short title Application to Mode of making. application Service of notice of motion Practice and procedure upon motion Affidavit of applicant Other evidence 1. This Act may be cited as "The Widows Relief Act." [1910(2), c. 18, s. 1.] Application to Court. 2. The widow of a man who dies leaving a will by the terms of which his said widow would in the opinion of the judge before whom the application is made receive less than if he had died intestate may apply to the Supreme Court for relief. [1910(2), c. 18, s. 2; 1919, c. 4, s. 16(1).] 3. The application may be made by notice of motion in the matter of the estate of the deceased. [1910(2), c. 18, s. 3.] 4. The notice of motion shall be served upon the executors named in the will or upon any person to whom a grant of letters of administration with will annexed has been made, six clear days before the motion is returnable. [1910(2), c. 18, s. 4.] 5. The Court may direct any other person to be served with notice of the application, and the practice and procedure of the Supreme Court upon applications in chambers shall so far as the same are found to be applicable apply to proceedings under this Act save as herein otherwise provided. [1910(2), c. 18, s. 5.] 6. The application shall be supported by an affidavit of the applicant setting forth fully all the facts entitling her to relief under this Act. [1910(2), c. 18, s. 6.] 7. The Court may direct such other evidence to be given in addition to the evidence adduced by the parties to the application and in such manner as shall seem necessary or proper. [1910(2), c. 18, s. 7.] Order for Allowance. governing allowance 8. On any such application the Court may make such Circumstances allowance to the applicant out of the estate of her husband grant of disposed of by will as may be just and equitable in the circumstances. [1910(2), c. 18, s. 8.] making 9. Any such allowance may be by way of an amount Mode of payable annually or otherwise, or of a lump sum to be paid, allowance or of certain property to be conveyed or assigned either absolutely or for life or for a term of years to the applicant, or for her use and benefit as the Court may see fit; and in the event of a conveyance of property being ordered, the Court may give all necessary and proper directions for the execution of the conveyance or conveyances, either by the executors or administrators or such other person as the Court may direct, or may grant a vesting order. [1910(2), c. 18, s. 9.] 10. If the application be made after the expiration of six months from the death of the husband the allowance, if any, shall be made so as to affect only beneficiaries under the will interested in the portion of the estate remaining at the date of the application unadministered in the hands of the executors or administrators or undistributed in their hands as trustees under the will. [1919, c. 4, s. 16(2).] Enforcement of Order. of order 11. Any order made by the Court upon the application Enforcement may be enforced against the estate of the deceased husband in the same way and by the same means as any other judgment or order of the Court against the estate of the deceased may be enforced, and the Court may make such order or direction or interim order or direction as shall seem necessary to secure to the applicant payment out of the estate of such sum or sums as she shall be found entitled to. [1910(2), c. 18, s. 11.] |