Descendants, &c., born after death of intestate, to inherit. (39.) 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 lifetime of the intestate and had survived him. 14, 15 V., c. 6, s. 17. Illegitimate (40.) Children and relatives who are illegitimate shall persons not to not be entitled to inherit under any of the provisions inherit. Courtesy, dower, and estates by deed or will excepted. Case of chil of this act. 14, 15 V., c. 6, s. 18. (41.) The estate of the husband as tenant by the courtesy, or of a widow as tenant in dower, shall not be affected by any of the provisions of the last preceding nineteen sections of this act, nor shall the same affect any limitation of any estate by deed or will, or any estate which, although held in fee simple or for the life of another, is so held in trust for any other person; but all such estates shall remain, pass, and descend as if the last nineteen sections of this act, numbered from twenty-two to forty, both included, had not been passed. 14, 15 V., c. 6, s. 19. (42.) If any child of an intestate shall have been dren who have advanced by the intestate, by settlement or portion of been advanced real or personal estate, or of both of them, and the by settlement, same shall have been so expressed by the intestate in &c., If such ad writing, or so acknowledged in writing by the child, the value thereof shall be reckoned, for the purposes of this section only, as part of the real and personal estate of such intestate, descendible to his heirs, and to be distributed to his next of kin according to law; and, if such advancement be equal or superior to the amount of the share which such child would be entitled to receive of the real and personal estate of the deceased, as above reckoned, then such child and his descendants shall be excluded from any share in the real and personal estate of the intestate. 14, 15 V., с. 6, s. 20. (43.) If such advancement be not equal to such vancement be share, such child and his descendants shall be entitled not equal. to receive so much only of the personal estate, and to inherit so much only of the real estate, of the intestate, as shall be sufficient to make all the shares of the children in such real and personal estate and advancement to be equal, as near as can be estimated. 14, 15 V., c. 6, s. 21. Value of prop- (44.) The value of any real or personal estate so erty advanced, advanced shall be deemed to be that, if any, which how estimated. may have been acknowledged by the child, by any instrument in writing; otherwise such value shall be estimated according to the value of the property when given. 14, 15 V., c. 6, s. 22. (45.) The maintaining or educating, or the giving Education, of money, to a child, without a view to a portion or &c., not adsettlement in life, shall not be deemed an advancement vancement. within the meaning of this act. 14, 15 V., c. 6, s. 23. (46.) The parties authorized to make partition of As to the purany such real estate, according to law, shall receive, from chase, by any of the parties any of the persons entitled to a share of such real es- interested, of tate, an offer or proposition to purchase the share or real estate, shares of the other parties interested therein, giving subject to parthe preference to the person who would have been the tition. heir at law thereto had the twenty-second and following sections of this act not been passed; and, next after such heir at law, giving such preference to the several persons successively who would have been such heirs at law had the said last mentioned sections of this act not been passed, and had those persons, preceding them respectively in the series of such preference been dead at the time of the death of the intestate. chase to be (47.) The parties so authorized to make such parti- Particulars of tion shall certify particularly, to the court in which offer to purproceedings for a partition may be commenced or certified by pending, the particulars of such offer or proposition the court. for purchase, the nature, quantity, and value of the estate or share proposed to be purchased, and whether they advise such offer or proposition to be accepted or rejected, and their reasons therefor. (48.) Any court, authorized to make partition of real Any court auestate, may direct a sale of the same, if they think it thorized to right so to do, upon the application of any of the par- make partition ties beneficially interested therein; giving however the may direct a sale, giving preference at all times to the person who would have preference, &c. been the heir at law to such real estate had the twentysecond and following sections of this act not been passed; and, after such heir at law, then giving such preference to the several persons successively who would have been such heir at law had the said last mentioned sections of this act not been passed, and had those persons preceding them respectively in the series of such preference been dead at the time of the death of the intestate. (49.) Every such preference shall be upon and sub- Terms on which preferject to such terms, security, and conditions as the ence to be court may think it right to direct. 14, 15 V., c. 6, s. 24. given. er. ther nor moth- after specified, to the collateral relatives of the intestate; and, if there be several of such relatives, all of equal degree of consanguinity to the intestate, the inheritance shall descend to them in equal parts, however remote from the intestate the common degree of consanguinity may be. 14, 15 V., c. 6, s. 7. Succession of sisters, and their descendants. (30.) If all the brothers and sisters of the intestate brothers and be living, the inheritance shall descend to such brothers and sisters; and, if any one or more of them be living and any one or more be dead, then to the brothers and sisters, and every of them, who are living, and to the descendants of such brothers and sisters as have died, so that each brother or sister who may be living shall inherit such share as would have descended to him or her if all the brothers or sisters of the intestate, who have died leaving issue, had been living, and so that such descendants shall inherit, in equal shares, the share which their parent, if living, would have received. 14, 15 V., c. 6, s. 8. As to such (31.) The same law of inheritance prescribed in the descendants in last section shall prevail as to the other direct lineal unequal dedescendants of every brother and sister of the intestate, to the remotest degree, whenever such descendants are of unequal degrees. 14, 15 V., c. 6, s. 9. grees. If there be no (32.) If there be no heir entitled to take under any heir under the of the preceding ten sections, the inheritance, if the same came to the intestate on the part of his father, shall descend: 14, 15 V., c. 6, s. 10. preceding sections. Further provision. Firstly. To the brothers and sisters of the father of the intestate, in equal shares, if all be living; Secondly. If any one or more be living, and any one or more have died leaving issue, then to such brothers and sisters as are living, and to the descendants of such of the said brothers and sisters as have died, in equal shares; Thirdly. If all such brothers and sisters have died, then to their descendants; and in all such cases the inheritance shall descend in the same manner as if all such brothers and sisters had been the brothers and sisters of the intestate. (33.) If there be no brothers or sisters, or any of them, of the father of the intestate, and no descendants of such brothers and sisters, then the inheritance shall descend to the brothers and sisters of the mother of the intestate, and to the descendants of such of the said brothers and sisters as have died; or, if all have died, then to their descendants, in the same manner as if all such brothers and sisters had been the brothers and sisters of the father. 14, 15 V., c. 6, s. 11. (34.) In all cases not provided for by the twelve Further pronext preceding sections, where the inheritance shall vision if the estate came have come to the intestate on the part of his mother, by the the same, instead of descending to the brothers and mother's side. sisters of the intestate's father, and their descendants, as prescribed in the preceding thirty-second section, shall descend to the brothers and sisters of the intestate's mother, and to their descendants, as directed in the last preceding section; and, if there be no such brothers and sisters, or descendants of them, then such inheritance shall descend to the brothers and sisters, and their descendants, of the intestate's father, as before prescribed. 14, 15 V., c. 6, s. 12. father's nor mother's side. (35.) In cases where the inheritance has not come If it came to the intestate on the part of either the father or the neither on mother, the inheritance shall descend to the brothers and sisters both of the father and mother of the intestate, in equal shares, and to their descendants, in the same manner as if all such brothers and sisters had been the brothers and sisters of the intestate. 14, 15 V., c. 6, s. 13. (36.) Relatives of the half blood shall inherit equally Half blood to with those of the whole blood in the same degree, and succeed with the descendants of such relatives shall inherit in the whole blood. same manner as the descendants of the whole blood, unless the inheritance came to the intestate by descent, devise, or gift of some one of his ancestors; in which case all those who are not of the blood of such ancestors shall be excluded from such inheritance. 14, 15 V., c. 6, s. 14. heirs. (37.) On failure of heirs under the preceding rules, If there be the inheritance shall descend to the remaining next of failure of kin of the intestate, according to the rules in the English statute of distribution of the personal estate. 14, 15 V., c. 6, s. 15. mon. (38.) Whenever there shall be but one person en- Co-heirs to titled to inherit, according to the provisions of the take as tentwenty-second and following sections of this act, he ants in comshall take and hold the inheritance solely; and, wherever an inheritance, or a share of an inheritance, shall descend to several persons under such provisions, they shall take as tenants in common, in proportion to their respective rights. 14, 15 V., c. 6, s. 16. Interpretation as to sections 23 to 49 Interpretation as to sections 23 to 50. Interpretation as to sections 23 to 50. (50.) In the last twenty-seven sections of this act, numbered from twenty-three to forty-nine, both inclusive, the term "real estate" shall be construed to include every estate, interest, and right, legal and equitable, held in fee simple or for the life of another, [except as in the fortieth section is before excepted,] in lands, tenements, and hereditaments, in Upper Canada, but not to such as shall be determined or extinguished by the death of the intestate seized or possessed thereof, or so otherwise entitled thereto, nor to leases for years; and the term "inheritance," as therein used, shall be understood to mean real estate as herein defined, descended or succeeded to according to the provisions of the said twenty-seven sections. 14, 15 V., с. 6, s. 25. (51.) Whenever, in the last twenty-eight preceding sections, numbered from twenty-three to fifty, both included, any person is described as living, it shall be understood that he was living at the time of the death of the intestate from whom the descent or succession came; and, whenever any person is described as having died, it shall be understood that he died before such intestate. 14, 15 V., c. 6, s. 26. ، (52.) Whenever, in any of the said twenty-eight sections, the expressions "where the estate shall have come to the intestate on the part of the father,' or 'mother," as the case may be, are used, the same shall be construed to include every case where the inheritance shall have come to the intestate by devise, gift, or descent from the parent referred to, or from any relative of the blood of such parent. 14, 15 V., c. 6, s. 27. REVISED STATUTES, CAP. LXXXII., 1859, p. 866, 451. AN ACT respecting the CONVEYANCE of REAL ESTATE by MARRIED WOMEN. Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: (1.) Any married woman, seized of or entitled to woman of full real estate in Upper Canada, and being of the age of twenty-one years, may, subject to the provisions herein after contained, convey the same, by deed to be executed by her jointly with her husband, to such use and Married age may con vey. |